TRADEMARKS
ACT
NN 14/2019, in force from February 15, 2019
Zagreb, March 20193PART ONE
BASIC PROVISIONS
Subject-matter
Article 1
This Act shall govern the system of trademarks 
protection in the Republic of Croatia which are the 
subject of a registration or an application for the 
registration of an individual, guarantee or collective 
trademark for specific goods and services filed with 
the State Intellectual Property Office (hereinafter: “the 
Office”), or the subject of a registration or an application 
for the registration of such trademark having effect in 
the Republic of Croatia.
Harmonisation with legislation of the  
European Union
Article 2
(1) The following Directives shall be transposed by 
this Act into the national laws of the Republic of Croatia:
- Directive 2004/48/EC of the European Parliament 
and of the Council of 29 April 2004 on the enforcement 
of intellectual property rights (OJ L 157, 30.4.2004);
- Directive (EU) 2015/2436 of the European 
Parliament and of the Council of 16 December 2015 to 
approximate the laws of the Member States relating to 
trademarks (OJ L 336, 23.12.2015).
(2) This Act shall provide for prerequirements for the 
enforcement of the following act of the European Union:
- Regulation (EU) 2017/1001 of the European 
Parliament and of the Council of 14 June 2017 on the 
European Union trademark (codification) (OJ L 154, 
16.6.2017).
Subsidiary application of other regulations
Article 3
(1) In civil protection procedures, provisions of the 
general regulation governing the civil procedure shall 
apply accordingly, unless provided otherwise by this Act.
(2) In procedures of setting provisional mesures, 
provisions of the general regulation governing the 
ensurance procedure shall apply accordingly, unless 
provided otherwise by this Act.
(3) Provisions of general regulations governing 
ownership relations shall apply accordingly to the rights 
from trademark with obligatory legal effects and to the 
damages incurred by trademark infringement, unless 
provided otherwise by this Act.
(4) Provisions of general regulations governing 
ownership relations shall apply accordingly to the rights 
from trademark with legal ownership effects, unless 
provided otherwise by this Act.Definitions
Article 4
In terms of this Act, the following definitions apply:
- “register” means an official collection of the data 
on trademark registrations kept by the Office containing 
the data to be entered as required or permitted by this 
Act, regardless of the storage media;
- “official gazette of the Office” means the gazette 
periodically publishing the data on applications and 
registered rights as laid down in the procedures under 
responsibility of the Office, as well as other official 
information;
- “Paris Convention” means the Paris Convention 
for the Protection of Industrial Property (1883) and its 
revisions and amendments;
- “Paris Union” means the union of contracting 
parties to which the Paris Convention (1883) and its 
revisions and amendments apply;
- “Convention on International Exhibitions” means 
the Convention on International Exhibitions (1928 and 
its revisions;
- “Madrid Agreement” means the Madrid Agreement 
on International Trademark Registration (1891) and its 
amendments;
- “Madrid Protocol” means the Protocol Relating 
to the Madrid Agreement on International Trademark 
Registration (1989) and its amendments;
- “Madrid Regulations” means the Common 
Regulations with the Madrid Agreement on International 
Trademark Registration and the Protocol Relating to the 
Madrid Agreement and its amendments;
- “International Bureau” means the International 
Bureau of the World Intellectual Property Organization;
- “Nice Classification” means the classification 
laid down by the Nice Agreement on International 
Classification of Goods and Services for Trademark 
Registration, signed in Nice on 15 June 1957, its revised 
and amended version;
- “international register” means the official collection 
of the data on international registration, kept by the 
International Bureau, containing the data to be entered 
as required or permitted by the Madrid Agreement, the 
Madrid Protocol and the Madrid Regulations, regardless 
of the storage media;
- “official gazette of the International Bureau” means 
the official gazette of the International Bureau of the 
World Intellectual Property Organization publishing 
relevant data and notices on international trademark 
registrations;
- “Regulation on the European Union Trademark” 
means the EU Regulation No. 2017/1001 of 14 June 
2017 on the European Union trademark and its 
amendments;
- “European Union trademark” means the trademark 
as defined in Article 1 paragraph 1 of the Regulation on  TRADEMARKS ACT
NN 14/2019 ( in force from February 15, 2019)4the European Union Trademark;
- “application of the European Union trademark” 
means the application for registration of the European 
Union trademark filed in accordance with the provisions 
of the Regulation on the European Union Trademark;
- “court” means the commercial court with territorial 
jurisdiction competent for the protection of industrial 
property, copyright and related rights and other 
intellectual property rights, as well as the court deciding 
on appeals against judgements by commercial courts 
in accordance with the regulations on the organisation, 
scope and jurisdiction of the courts.
Gender meaning of terms
Article 5
The terms used in this Act and regulations to be 
passed on its basis, having gender meaning, relate 
equally to males and females.
PART TWO
SIGNS OF WHICH A TRADEMARK MAY CONSIST,
ACQUISITION, USE OF A TRADEMARK,
TRADEMARK AS AN OBJECT OF PROPERTY
CHAPTER I
SIGNS OF WHICH A TRADEMARK MAY CONSIST 
AND
ACQUISITION OF A TRADEMARK
Signs of which a trademark may consist
Article 6
A trademark may consist of any signs, particularly 
words, including personal names, or designs, letters, 
numerals, colours, the shape of goods or of their 
packaging, or sounds, provided that such signs are 
capable of:
1. distinguishing the goods or services of one 
undertaking from goods or services of another 
undertaking
and
2. being represented in the register in the way 
that enables competent authorities and the public 
to determine a precise and clear subject-matter of 
protection provided by the trademark to a holder of the 
trademark.
Persons who may be holders of a trademark
Article 7
(1) Any natural or legal person may be a holder of 
a trademark.
(2) Foreign natural and legal persons in the Republic 
of Croatia shall enjoy the same rights as are enjoyed by 
resident natural and legal persons, if it results from the 
international treaties or from the principle of reciprocity.
(3) The person claiming reciprocity is to present 
evidence for the existence of reciprocity.Acquisition of a trademark
Article 8
In the Republic of Croatia, a trademark shall be 
acquired by registration.
Absolute grounds for refusal
Article 9
(1) The following shall not be registered:
1. signs which do not conform to the requirements 
of Article 6 of this Act;
2. trademarks which are devoid of any distinctive 
character;
3. trademarks which consist exclusively of signs 
or indications which may serve, in trade, to designate 
the kind, quality, quantity, intended purpose, value, 
geographical origin or the time of production of the 
goods or of rendering of the service, or to designate 
other characteristics of the goods or services;
4. trademarks which consist exclusively of signs 
or indications which have become customary in the 
everyday language or in good faith and the established 
practices of the trade:
5. signs which consist exclusively of:
(a) the shape, or another characteristic, which 
results from the nature of the goods themselves;
(b) the shape, or another characteristic, of goods 
which is necessary to obtain a technical result;
(c) the shape, or another characteristic, which gives 
substantial value to the goods;
6. trademarks which are contrary to public policy or 
to accepted principles of morality;
7. trademarks which are of such a nature as to 
deceive the public, for instance as to the nature, quality 
or geographical origin of the goods or services;
8. trademarks which have not been authorised 
by the competent authorities and are to be refused 
pursuant to Article 6ter of the Paris Convention;
9. trademarks which are not covered by Article 6ter 
of the Paris Convention, and which include the name 
or abbreviation of the name, national coat of arms, 
emblem, flag or other official sign of the Republic of 
Croatia, or a part thereof, and the imitation thereof, 
except with the consent of the competent authority of 
the Republic of Croatia;
10. trademarks which are excluded from registration, 
pursuant to Union legislation or national law of the 
Republic of Croatia or to international agreements to 
which the Union or the Republic of Croatia is a party, 
providing for protection of designations of origin and 
geographical indications;
11. trademarks which are excluded from registration 
pursuant to Union legislation or international agreements 
to which the Union is a party, providing for protection of 
traditional terms for wine;
12. trademarks which are excluded from registration 
pursuant to Union legislation or international agreements 
to which the Union is a party, providing for protection of 
traditional specialities guaranteed;
13. trademarks which consist of, or reproduce 5in their essential elements, an earlier plant variety 
denomination registered in accordance with Union 
legislation or national law of the Republic of Croatia, 
or international agreements to which the Union or the 
Republic of Croatia is a party, providing for protection 
of plant variety rights, and which are in respect of plant 
varieties of the same or closely related species;
14. trademarks which can be banned from using in 
public interest in accordance with the provisions of other 
legal regulations having effect in the Republic of Croatia.
(2) Grounds from paragraph (1) points 2, 3 and 4 of 
this Article shall not apply if the trademark has become 
distinctive in relation to the goods or services for which 
registration is requested as a consequence of the use 
which has been made of it, before the date of filing of 
the application for the registration.
Relative grounds for refusal
Article 10
(1) Upon opposition by the proprietor of an earlier 
trademark, the trademark applied for shall not be 
registered:
1. if it is identical with the earlier trademark and the 
goods or services for which registration is applied for 
are identical with the goods or services for which the 
earlier trademark is protected;
2. if because of its identity with, or similarity to, the 
earlier trademark and the identity or similarity of the 
goods or services covered by the trademarks there 
exists a likelihood of confusion on the part of the public 
in the Republic of Croatia; the likelihood of confusion 
includes the likelihood of association with the earlier 
trademark;
3. if it is identical with or similar to the earlier 
trademark, irrespective of whether the goods or services 
for which it is applied are identical with, similar to or 
not similar to those for which the earlier trademark is 
registered, where the earlier trademark has a reputation 
in the Republic of Croatia, and where the use without 
due cause of the later trademark would take unfair 
advantage of, or be detrimental to, the distinctive 
character or the repute of the earlier trademark.
(2) For the purposes of paragraph 1 of this Article, 
“earlier trademarks” mean:
1. trademarks of the following kinds with a date of 
application for registration which is earlier than the date 
of application for registration of the contested trademark, 
taking account, where appropriate, of the priorities 
claimed in respect of those trademarks:
(a) nationally registered trademarks,
(b) trademarks registered under international 
arrangements which have effect in the Republic of 
Croatia,
(c) EU trademarks,
(d) EU trademarks registered under international 
arrangements which have effect in the European Union.
2. applications for the registration of trademarks 
referred to in point 1 subpoints (a) and (c) of this 
paragraph, subject to their registration,
3. trademarks which, on the date of application for registration of the trademark, or, if priority is claimed, 
on the date of priority right claimed in the application, 
are well known in the Republic of Croatia, in the sense 
in which the words “well known” are used in Article 6bis 
of the Paris Convention.
(3) Upon opposition by the proprietor of an earlier 
right, a trademark shall not be registered if its use would 
infringe one of the following earlier rights:
1. a right to a name,
2. a right of personal portrayal,
3. a copyright,
4. industrial property rights other than those 
provided by this Act as a separate ground for refusal 
of trademark registration, provided that such rights 
are acquired on a date which is earlier than the date 
of application for registration of the trademark, taking 
account, where appropriate, of the priorities claimed in 
respect of that trademark.
(4) Upon opposition by the owner of a company 
entered in a court register before the date of application 
for registration of the trademark in respect of the 
opposition, taking account, where appropriate, of the 
priorities claimed in respect of that trademark, the 
trademark shall not be registered if the company or 
an essential part thereof is identical with, or similar to, 
the trademark and the goods or services which are the 
subject matter of business of that company are identical 
or similar to those for which the trademark is applied for 
and are being used in trade, unless the applicant had 
the identical or similar company at the time of filing the 
application for registration of a trademark.
(5) Upon opposition by the proprietor of the 
trademark, the trademark shall not be registered in the 
name of a trade agent or a representative of a trademark 
holder without his authorisation, unless a trade agent 
or a representative justifies his action.
(6) Upon opposition by any person authorised under 
the relevant law to exercise the rights arising from a 
designation of origin or a geographical indication, the 
trademark applied for shall not be registered where and 
to the extent that, pursuant to the Union legislation or 
national law of the Republic of Croatia providing for 
the protection of designations of origin or geographical 
indications:
1. an application for a designation of origin or a 
geographical indication had already been submitted, in 
accordance with Union legislation or national law of the 
Republic of Croatia, prior to the date of application for 
registration of the trademark or the date of the priority 
claimed for the application, subject to its subsequent 
registration; and
2. that designation of origin or geographical 
indication confers the right to the person authorised 
under the relevant law to exercise the rights arising 
from it to prohibit the use of a subsequent trademark.6CHAPTER II
EFFECTS OF A TRADEMARK
Rights conferred by a trademark
Article 11
(1) The registration of a trademark shall confer on 
the proprietor exclusive rights therein.
(2) Without prejudice to the rights of the proprietor 
of the registered trademark acquired before the filing 
date or the priority date of the registered trademark, the 
proprietor of that trademark shall be entitled to prevent 
all third parties not having his consent from using in the 
course of trade, in relation to goods or services, any 
sign infringing the trademark right where:
1. the sign is identical with the trademark and is used 
in relation to goods or services which are identical with 
those for which the trademark is registered,
2. the sign is identical with, or similar to, the 
trademark and is used in relation to goods or services 
which are identical with, or similar to, the goods or 
services for which the trademark is registered, if there 
exists a likelihood of confusion on the part of the public 
in the Republic of Croatia; the likelihood of confusion 
includes the likelihood of association between the sign 
and the trademark,
3. the sign is identical with, or similar to, the 
trademark irrespective of whether it is used in relation to 
goods or services which are identical with, similar to or 
not similar to those for which the trademark is registered, 
where the trademark has a reputation in the Republic of 
Croatia and where use of that sign without due cause 
takes unfair advantage of, or is detrimental to, the 
distinctive character or the repute of such trademark.
(3) Within the meaning of paragraph (2) of this 
Article, the holder of the registered trademark may also 
prohibit the following:
1. affixing the sign to the goods or to the packaging 
thereof,
2. offering the goods, or putting them on the market 
or stocking them for these purposes under that sign, or 
offering or providing services thereunder,
3. importing or exporting the goods under the sign,
4. using the sign as a trade or company name or 
part of a trade or company name;
5. using the sign on business papers and in 
advertising;
6. using the sign in comparative advertising in 
a manner that is contrary to the regulations of the 
European Union or the regulations of the Republic 
of Croatia concerning misleading and comparative 
advertising.
(4) Without prejudice to the rights of proprietors 
acquired before the filing date or the priority date 
of the registered trademark, the proprietor of that 
trademark shall also be entitled to prevent all third 
parties from bringing goods, in the course of trade, 
into the Republic of Croatia without being released 
for free circulation there, where such goods, including 
packaging, come from third countries and bear without 
authorisation a trademark which is identical with the  trademark registered in respect of such goods, or 
which cannot be distinguished in its essential aspects 
from that trademark. The entitlement of the proprietor 
of a trademark shall lapse if, during the proceedings to 
determine whether the registered trademark has been 
infringed, initiated in accordance with the regulations of 
the European Union concerning customs enforcement 
of intellectual property rights, evidence is provided 
by the declarant or the holder of the goods that the 
proprietor of the registered trademark is not entitled to 
prohibit the placing of the goods on the market in the 
country of final destination.
Right to prohibit preparatory acts in relation to the use 
of packaging or other means
Article 12
Where the risk exists that the packaging, labels, 
tags, security or authenticity features or devices or any 
other means to which the mark is affixed could be used 
in relation to goods or services and such use would 
constitute an infringement of the rights of the proprietor 
of an EU trademark under Article 11 paragraphs (2) and 
(3) of this Act, the proprietor of that trademark shall have 
the right to prohibit the following acts if carried out in 
the course of trade:
1. affixing a sign identical with, or similar to, the 
trademark on packaging, labels, tags, security or 
authenticity features or devices or any other means to 
which the trademark may be affixed;
2. offering or placing on the market, or stocking for 
those purposes, or importing or exporting, packaging, 
labels, tags, security or authenticity features or devices 
or any other means to which the trademark is affixed.
Date from which rights against third parties prevail
Article 13
1. The rights conferred by a trademark shall prevail 
against third parties from the date of publication of the 
registration of the trademark.
2. Reasonable compensation may be claimed in 
respect of acts occurring after the date of publication 
of a trademark application, where those acts would, 
after publication of the registration of the trademark, be 
prohibited by virtue of that publication.
3. A court seized of a case shall not decide upon 
the merits of that case until the registration has been 
published.
Reproduction of a trademark in dictionaries
Article 14
If the reproduction of a trademark in a dictionary, 
encyclopaedia or similar publications, in printed or 
electronic form, gives the impression that the trademark 
constitutes the generic name of the goods or services 
for which it is registered, the publisher of the work shall, 
at the request of the holder of the trademark, ensure 
that the reproduction of the trademark, at the latest in 
the next edition of the publication, is accompanied by 7an indication that it is a registered trademark.
Prohibition of the use of a trademark registered in the 
name of an agent or a representative
Article 15
(1) Where a trademark is registered in the name of 
the trade agent or a representative of a person who is 
the proprietor of that trademark, without the proprietor’s 
authorisation, the proprietor shall be entitled to one or 
both of the following:
1. oppose the use of his mark by his agent or 
representative;
2. request that the trademark is transferred on his 
behalf.
(2) The provision as referred to in paragraph (1) of 
this Article shall not apply if the agent or representative 
justifies his action.
Limitation of the effects of a trademark
Article 16
(1) A trademark shall not entitle the proprietor to 
prohibit a third party from using, in the course of trade:
1. the name or address of the third party, where that 
third party is a natural person;
2. signs or indications which are not distinctive 
or which concern the kind, quality, quantity, intended 
purpose, value, geographical origin, the time of 
production of goods or of rendering of the service, or 
other characteristics of the goods or services;
3. the trademark for the purpose of identifying or 
referring to goods or services as those of the proprietor 
of that trademark, in particular, where the use of that 
trademark is necessary to indicate the intended purpose 
of a product or service, in particular as accessories or 
spare parts.
(2) Paragraph (1) of this Article shall only apply 
where the use made by the third party is in accordance 
with honest practices in industrial or commercial 
matters.
(3) A trademark shall not entitle the holder of the 
trademark to request that a third party is prohibited from 
using, in the course of trade, an earlier right which only 
applies in a particular locality if that right is recognised 
by the laws of the Republic of Croatia and it is exercised 
within the limits of the territory in which it is recognised.
Exhaustion of the rights conferred by a trademark
Article 17
(1) A trademark shall not entitle the proprietor to 
prohibit a third party from using it in relation to goods 
which have been put on the market in the territory of 
an European Union Member State or of parties to the 
European Economic Area under that trademark by the 
proprietor himself or with his consent.
(2) Paragraph (1) of this Article shall not apply 
where there exist legitimate reasons for the proprietor 
to oppose further commercialisation of the goods, especially where the condition of the goods is changed 
or impaired after they have been put on the market.
Intervening right of the proprietor of a later registered 
trademark as a defence in infringement proceedings
Article 18
(1)  In infringement proceedings, the proprietor of 
a trademark shall not be entitled to prohibit the use of 
a later registered trademark where that later trademark 
would not be declared invalid pursuant to Article 66 
paragraph (3), Article 67 or Article 68 paragraphs (1) 
and (2) of this Act.
(2) In infringement proceedings, the proprietor of 
the trademark shall not be entitled to prohibit the use 
of a later registered EU trademark where that later 
registered trademark would not be declared invalid 
pursuant to Article 60 paragraph (1), (3) or (4), Article 
61 paragraph (1) or (2) or Article 64 paragraph (2) of 
the EU Trademark Regulation.
(3) Where the proprietor of the trademark is not 
entitled to prohibit the use of a later registered trademark 
pursuant to paragraph (1) and (2) of this Article, the 
proprietor of that later registered trademark shall not 
be entitled to prohibit the use of that earlier trademark 
in infringement proceedings, even though that right 
may no longer be invoked against the later trademark.
CHAPTER III
USE OF A TRADEMARK AND CONSEQUENCES 
OF NON-USE
Use of a trademark
Article 19
(1) A proprietor of a trademark shall be entitled to 
use a trademark in relation to the goods or services 
for which it is registered. If invoking or maintaining the 
rights from the registered trademark depend on the use 
of the trademark, such trademark shall have been put 
to genuine use by the holder of the trademark in the 
territory of the Republic of Croatia, unless there are 
proper reasons for non-use.
(2) The following shall also constitute use within the 
meaning of paragraph (1) of this Article:
1. use of the trademark in a form differing in 
elements which do not alter the distinctive character 
of the trademark in respect of the form in which it was 
registered, regardless of whether or not the trademark 
in the form as used is also registered in the name of 
the proprietor;
2. affixing of the trademark to goods or to the 
packaging thereof solely for export purposes.
(3) Use of the trademark with the consent of the 
proprietor shall be deemed to constitute use by the 
proprietor.8Consequences of non-use of a trademark
Article 20
If, within a continuous period of five years following 
the date of registration, the proprietor has not put his 
trademark to genuine use in the Republic of Croatia 
in relation to the goods or services for which it is 
registered, or if such use has been suspended during 
an uninterrupted period of five years, the trademark shall 
be subject to limitations and sanctions as referred to in 
Article 21, Article 47 paragraph (1), (3) and (6), Article 61 
paragraph (2) and Article 66 paragraph (1), (3) and (6) of 
this Act, unless there are justified reasons for non-use.
Non-use as a method of defence in infringement 
proceedings
Article 21
The proprietor of a trademark shall have the right 
to request the use of a sign to be prohibited only to 
the extent in which the proprietor’s rights at the time of 
bringing the action on grounds of infringements are not 
subject to the possibility of revocation in accordance 
with Article 61 of this Act. If a defendant requests it, the 
proprietor of a trademark shall provide evidence that 
during an uninterrupted period of five years before the 
date of bringing the action such trademark has been put 
to genuine use as provided by Article 19 of this Act in 
relation to the goods or services for which it is registered 
and which are given as justification for the action, or 
there are justified reasons for non-use, provided that 
the procedure of trademark registration was completed 
at least five years before the date of bringing the action.
CHAPTER IV
TRADEMARKS AS OBJECTS OF PROPERTY
Transfer
Article 22
(1) A trademark may be transferred, separately from 
any transfer of the undertaking, in respect of some or 
all of the goods or services for which it is registered.
(2) A transfer of the whole of the undertaking shall 
include the transfer of the trademark except where, in 
accordance with the law governing the transfer, there 
is agreement to the contrary or circumstances clearly 
dictate otherwise. This provision shall apply to the 
contractual obligation to transfer the undertaking.
(3) Without prejudice to paragraph (2) of this Article, 
an assignment of the trademark shall be made in 
writing and shall require the signature of the parties to 
the contract, except when it is a result of a judgment; 
otherwise it shall be void.
(4) In case of transferring the trademark in relation 
to only part of the goods or services for which it is 
registered, the registration shall be separated in 
accordance with the provisions as referred to in Article 
59 of this Act.Entering of transfer in the Register
Article 23
(1) On request of the holder or the acquirer of a 
trademark or, depending on a case, upon notification by 
a competent court or a notary public, the transfer of a 
trademark shall be entered in the Register, if the Office 
receives any of the following evidence:
1. a certified copy of the agreement on the transfer 
of a trademark or a court decision on the transfer or 
inheritance of a trademark, or a decision by a notary 
public on the inheritance of a trademark;
2. a certified excerpt of the agreement or a decision 
as referred to in point 1 of this paragraph;
3. an original certificate of the transfer of a trademark 
signed by the holder and the acquirer of rights;
4. an original court decision on the transfer or 
inheritance of a trademark, or a decision by a notary 
public on the inheritance of a trademark.
(2) The entry of the transfer as referred to in 
paragraph (1) of this Article shall be cancelled or 
modified on request of the holder or the acquirer of 
rights or, depending on a case, upon notification by a 
competent court or a public notary.
Transfer of a trademark registered in the name of an 
agent
Article 24
(1) Where a trademark is registered in the name 
of the agent or representative of a person who is the 
proprietor of that trademark, without the proprietor’s 
authorisation, the latter shall be entitled to demand the 
assignment of the trademark in his favour, unless such 
agent or representative justifies his action.
(2) The Office shall enter in the Register the transfer 
of the trademark based on a final decision by the Office 
that justified the proposal to declare the trademark 
invalid in accordance with Article 65 paragraph (1) point 
4 of this Act
Entering of rights in rem in the Register
Article 25
(1) A trademark may, independently of the 
undertaking, be given as security or be the subject of 
rights in rem.
(2) At the request of one of the parties, the rights 
referred to in paragraph (1) of this Article or the transfer 
of those rights shall be entered in the Register.
(3) An entry in the Register effected pursuant 
to paragraph (2) of this Article shall be cancelled or 
modified at the request of one of the parties.
Entering levy of execution in the Register
Article 26
(1) A trademark may be levied in execution by 
competent authorities pursuant to legal regulations of 
the Republic of Croatia.
(2) On request of one of the parties or a competent 9authority that carries out the procedure for levy of 
execution, the initiation of the procedure for levy of 
execution shall be entered in the Register based on 
evidence of initiated procedure for levy of execution.
(3) An entry in the Register effected pursuant 
to paragraph (2) of this Article shall be cancelled 
or modified at the request of one of the parties or a 
competent authority that carries out the procedure for 
levy of execution.
Entering insolvency and pre-insolvency in the 
Register
Article 27
(1) The information about initiating proceedings 
of insolvency or pre-insolvency shall be registered 
pursuant to special regulations, based on the notification 
by a competent authority or at the request of an 
insolvency administrator.
(2) Entry into the register as referred to in paragraph 
(1) of this Article shall be cancelled or modified on 
request of a competent authority that carries out the 
procedure of insolvency or pre-insolvency.
Licensing
Article 28
(1) A trademark may be licensed for some or all 
of the goods or services for which it is registered and 
for the whole or part of the territory of the Republic of 
Croatia.
(2) A licence may be exclusive or non-exclusive.
(3) The proprietor of a trademark may invoke the 
rights conferred by that trademark against a licensee 
who contravenes any provision in his licensing contract 
with regard to:
1. its duration;
2. the form covered by the registration in which the 
trademark may be used;
3. the scope of the goods or services for which the 
licence is granted;
4. the territory in which the trademark may be 
affixed;
5. the quality of the goods manufactured or of the 
services provided by the licensee.
Entering licences in the Register
Article 29
(1) On request of one of the parties the grant or 
transfer of a licence in respect of a trademark shall be 
entered in the Register if the Office receives any of the 
following pieces of evidence:
1. a certified excerpt of a licensing agreement or, 
as the case may be, of transfer of a registered licence 
indicating the parties to it and the rights to be licensed, 
or the rights conferred from the registered licence to 
be transferred;
2. an original certificate of granting or transferring 
the licence signed by a grantee and a licensee.(2) An entry in the Register effected pursuant 
to paragraph (1) of this Article shall be cancelled or 
modified at the request of one of the parties.
Procedure for entering, cancelling or modifying the 
rights in the Register
Article 30
(1) Where an application for registration or, as the 
case may be, cancellation or modification in the Register 
meets the requirements provided by Articles 22 to 29 
of this Act and contains information and attachments 
provided by the Trademark Regulations passed by the 
Director General of the Office (hereinafter referred to 
as: the Regulations), the Office shall enter such change 
in the Register.
(2) An entry of a change as referred to in paragraph 
(1) of this Article shall be published in the official gazette 
of the Office, and shall have effect vis-à-vis third parties 
after entry in the Register.
(3) Where an application for registration, cancellation 
or modification in the Register does not meet the 
requirements provided by Articles 22 to 29 of this Act or 
does not contain information and attachments provided 
by the Regulations in respect with entering such 
modifications, the Office shall order the person who filed 
the request by a conclusion to remedy the deficiencies 
of the request or to file the relevant evidence within 30 
days counting from the day of receipt of the conclusion.
(4) On request, the time limit laid down in paragraph 
(3) of this Article may be extended for not more than 
30 days.
(5) Where the conclusion referred to in paragraph 
(3) of this Article is not complied with within the 
prescribed time limit, the Office shall reject the request 
by a decision.
(6) The application for registration, cancellation or 
modification in the Register pursuant to Articles 22 to 
29 of this Act shall contain information and attachments 
as provided by the Regulations.
The application for a trademark as an object of 
property
Article 31
Articles 22 and 23 and Article 25 to 30 of this Act 
shall apply to applications for registration of a trademark.
PART THREE
APPLICATION FOR REGISTRATION OF A 
TRADEMARK
CHAPTER I
FILING AND CONDITIONS OF FILING AN 
APPLICATION
Filing of an application
Article 32
(1) An application for registration of a trademark 10shall be filed with the Office.
(2) An applicant cannot, by one application, request 
registration of more than one sign for which trademark 
protection is sought.
Conditions which an application must comply with 
Article 33
(1) An application for the registration of a trademark 
shall contain:
1. a request for the registration of a trademark,
2. information identifying the applicant,
3. a list of the goods or services for which the 
registration is requested,
4. a representation of the mark, which satisfies the 
requirements set out in Article 6 point 2 of this Act.
(2) An application for the registration of a trademark 
shall be considered to have been filed if it complies with 
the requirements set out in paragraph (1) of this Article.
(3) Information and attachments to the application 
for registration of a trademark shall be provided by the 
Regulations.
Date of filing of an application
Article 34
The date of filing of a trademark application shall 
be the date on which the documents containing the 
information specified in Article 33 paragraph (1) of this 
Act are filed with the Office by the applicant.
Designation and classification of goods and services
Article 35
(1) Goods and services in relation to which an 
application for registration of a trademark is filed shall 
be classified in conformity with the system of the Nice 
Classification.
(2) The goods and services for which the protection 
of the trademark is sought shall be identified by the 
applicant with sufficient clarity and precision to enable 
the competent authorities and economic operators, on 
that sole basis, to determine the extent of the protection 
sought.
(3) For the purposes of paragraph (2) of this Article, 
the general indications included in the class headings 
of the Nice Classification or other general terms may 
be used, provided that they comply with the requisite 
standards of clarity and precision set out in this Article.
(4) The use of general terms, including the 
general indications of the class headings of the Nice 
Classification, shall be interpreted as including all the 
goods or services clearly covered by the literal meaning 
of the indication or term.
(5) Goods and services that are not clearly covered 
by the literal meaning of general terms or indications of 
the class headings of the Nice Classification shall not 
be regarded as included in the application for trademark 
registration or, as the case may be, in the registered 
trademark.
(6) Where the applicant requests registration for more than one class, the applicant shall group the 
goods and services according to the classes of the 
Nice Classification, each group being preceded by the 
number of the class to which that group of goods or 
services belongs, and shall present them in the order 
of the classes.
(7) Goods and services shall not be regarded as 
being similar to each other on the ground that they 
appear in the same class under the Nice Classification. 
Goods and services shall not be regarded as being 
dissimilar from each other on the ground that they 
appear in different classes under the Nice Classification.
CHAPTER II
CLAIMING PRIORITY
Priority right
Article 36
(1) The right of priority shall have the effect that the 
date of priority shall count as the date of filing of the 
trademark application as referred to in Article 34 of this 
Act for the purposes of establishing which rights take 
precedence.
(2) Every filing that is equivalent to a regular 
national filing or under multilateral agreements shall be 
recognised as giving rise to a right of priority.
International priority right
Article 37
(1) An applicant for national registration of a 
trademark who has duly filed an application for a 
trademark for the first time in or in respect of any State 
party to the Paris Convention or to the Agreement 
establishing the World Trade Organisation, or his 
successors in title, may invoke, for the purpose of filing 
a national trademark application for the same trademark 
in respect of goods or services which are identical with 
or contained within those for which the application has 
been filed, a right of priority, provided that the application 
in the Republic of Croatia is filed within six months from 
the date of filing of the first application.
(2) Where an international priority right is claimed, 
the application shall include the date, number and 
country of the previous application and goods or service 
in respect of which priority right is claimed.
(3) The applicant invoking the priority right shall 
attach to such request a true copy of the first application 
and its translation into Croatian not later than within 
three months from the date of filing a priority claim.
Exhibition priority right
Article 38
(1) The applicant for national registration of a 
trademark who has displayed the goods or services 
designated by a specific sign at an official or officially 
recognised international exhibition falling within the 
terms of the Convention relating to international 
exhibitions filed for national registration of a trademark 11in the Republic of Croatia, may claim a right of priority 
within a period of six months of the date of  the first 
display of the goods or services under the mark applied 
for within the meaning of Article 36 of this Act.
(2) Where exhibition priority right is claimed, the 
application shall include the name and the venue of an 
international exhibition, its opening and closing dates 
and the date of the first display of the goods or services 
specified in the application, if different from the opening 
date of such exhibition.
(3) The applicant invoking the exhibition priority right 
shall attach to such request a certificate issued by a 
competent authority at the exhibition certifying that the 
trademark is used for the goods or services included 
in the application and its translation into Croatian not 
later than within three months from the date of filing 
the application as evidence of the display of goods or 
services under the mark applied for.
PART FOUR
TRADEMARK REGISTRATION PROCEDURE
CHAPTER I
EXAMINATION AND PUBLICATION OF 
APPLICATIONS
Examination of the conditions of filing
Article 39
The Office shall examine whether the national 
trademark application satisfies the conditions laid down 
by this Act in relation to:
1. establishing a date of filing in accordance with 
Article 34 of this Act;
2. the information and attachments to be included in 
the attachment in accordance with Article 33 paragraph 
3 of this Act.
Remedying the deficiencies of the application
Article 40
(1) Where the application does not satisfy the 
conditions set out in Article 35 or Article 39 of this Act, 
the Office shall order the applicant by conclusion to 
remedy the deficiencies within 30 days upon receipt of 
the conclusion.
(2) If the applicant complies with the conclusion 
referred to in paragraph (1) of this Article to remedy 
the deficiencies in relation to satisfying the conditions 
referred to in Article 39 point 1 of this Act, the date on 
which the deficiencies established are remedied shall 
be considered to be the date of filing of the application.
(3) If the applicant complies with the conclusion 
referred to in paragraph (1) of this Article to remedy 
the deficiencies in relation to satisfying the conditions 
referred to in Article 35 or Article 39 point 2 of this Act, 
the application shall be considered to be correct from 
the date of its filing.
(4) On request of the applicant, the time limit laid 
down in paragraph (1) of this Article may be extended 
for not more than 30 days.(5) Failure to satisfy the requirements concerning 
the claim to priority referred to in Article 37 or Article 38 
of this Act shall result in loss of the right of priority for 
the application.
Rejection of the application
Article 41
If the applicant for national registration of a trademark 
does not comply with the conclusion referred to in Article 
40 of this Act and does not remedy the application 
deficiencies established within the prescribed time limit, 
the application shall be refused by a decision.
Examination as to absolute grounds for refusal
Article 42
(1) If it is established that any of the absolute 
grounds for the refusal of a trademark registration 
according to Article 9, paragraph (1) of this Act exists, 
the Office shall notify the applicant for the registration 
of a trademark in writing of the grounds for refusal and 
shall invite him to file observations within 60 days upon 
receipt of such notification and to submit evidence on 
the possible new facts that might influence the final 
decision.
(2) On request of the applicant, the time limit referred 
to in paragraph (1) of this Article may be extended for 
not more than 60 days.
(3) If the applicant for the registration of a trademark 
fails to file within the prescribed time limit his observations 
on the notification of the grounds for refusal of the 
registration in respect of all the goods or services for 
which the registration has been applied for, or fails to 
challenge the grounds for such refusal, a decision on 
the total refusal of the registration shall be issued.
(4) If the applicant for the registration of a trademark 
fails to file within the prescribed time limit his observations 
on the notification of the refusal of the registration of a 
trademark as regards a part of the goods or services, 
or if in the course of the procedure concerning the 
observations on the notification of the grounds for 
refusal of the registration in respect of all the goods or 
services for which registration has been applied for, it 
has been found that a sign does not comply with the 
requirements for registration in respect of only a part 
of the goods or services for which the registration has 
been applied for, a partial decision on the refusal of the 
registration shall be issued.
Publication of the application
Article 43
(1) If the requirements for the application to comply 
with are fulfilled and if there are no absolute grounds 
for refusal of the registration under Article 9 of this Act, 
the application data shall be published in the official 
gazette of the Office.
(2) Where the registration of a trademark is partially 
refused in accordance with Article 42 paragraph (4) of 12this Act, the application data relating to a part of the 
goods or services for which the registration applied 
for may be granted shall be published after this partial 
decision becomes final.
(3) The application data to be published in the 
official gazette of the Office shall be prescribed by the 
Regulations.
CHAPTER II
OBSERVATIONS BY THIRD PARTIES AND 
OPPOSITION
Observations by third parties
Article 44
(1) Any natural or legal person and any group or 
body representing manufacturers, providers of services, 
traders or consumers, may submit to the Office written 
observations, explaining on which grounds referred 
to in Article 9 of this Act the trademark should not be 
registered ex officio in relation to a part or all of the 
goods or services under such trademark.
(2) Persons, groups or bodies as referred to in 
paragraph (1) of this Article shall not be considered 
parties to the proceedings.
(3) Observations referred to in paragraph (1) of this 
Article shall be submitted within three months from the 
date of publication of an application for the registration 
of a trademark.
(4) The Office shall communicate the observations 
referred to in paragraph (1) of this Article to the applicant 
for registration of a trademark, who may comment 
on them within 15 days upon receipt of a copy of the 
observations.
(5) The submission of observations referred to in 
paragraph (1) of this Article shall be without prejudice 
to the right of the Office to re-open the examination of 
absolute grounds for refusal referred to in Article 9 of 
this Act ex officio, where appropriate, at any time before 
registration.
Filing an opposition
Article 45
(1) Within a period of three months from the date 
of publication of an application for the registration of a 
trademark, an opposition to registration of the trademark 
in relation to a part or all of the goods or services 
included in the application may be given on the grounds 
for refusal referred to in Article 10 of this Act:
1. by the proprietors of earlier trademarks referred to 
in Article 10 paragraph (2) of this Act as well as licensees 
authorised by the proprietors of those trademarks in 
respect of the grounds for opposition referred to in 
Article 10 paragraph (1) of this Act,
2. by the proprietors of any of the rights referred to 
in Article 10 paragraph (3) of this Act,
3. by the persons who have a company within the 
meaning of Article 10 paragraph (4) of this Act,
4. by the proprietors of earlier trademarks within the 
meaning of Article 10, paragraph (5) of this Act,5. by the persons authorised under the relevant 
European Union legislation or the law of the Republic 
of Croatia providing for the protection of designations of 
origin or geographical indications to exercise the rights 
referred to in Article 10, paragraph (6) of this Act.
(2) The opponent shall prove that before the date 
of filing an application or, if priority right is claimed, 
until the date of priority right claimed in the application 
for registration a trademark in relation to which an 
opposition is filed:
- if the opposition is based on Article 10 paragraph 1 
of this Act on the basis of an earlier trademark which is 
well known, such earlier trademark is well known in the 
Republic of Croatia in the sense in which the words ‘well 
known’ are used in Article 6bis of the Paris Convention;
- if the opposition is based on Article 10 paragraph 
1 point 3 of this Act, an earlier trademark acquired 
reputation in the Republic of Croatia;
- if the opposition is based on Article 10 paragraph 
4 of this Act, an earlier company is entered in the court 
register and that identical or similar goods or services 
under scope of such company’s activity are being used 
in trade.
(3) If, on the date of publication of an application, 
the earlier trademark, on which the opposition is based, 
is subject to a pending revocation procedure or a 
pending procedure for a declaration that the trademark 
is invalid, the Office shall decide upon suspension of the 
opposition procedure until the decision from the earlier 
initiated revocation procedure or the procedure for a 
declaration that the trademark is invalid has become 
final.
(4) The time limit for filing the opposition, laid down 
in paragraph (1) of this Article, shall not be extended, 
and additions to the opposition outside of the time limit 
which include submissions of additional evidence and 
facts supporting the justification of the grounds specified 
in the opposition shall be accepted by the Office if it 
assesses them to be crucial to decide upon justification 
of the opposition and if the party proves that there are 
justified reasons for their delayed delivery taking into 
consideration also the stage of procedure when they 
were delivered.
(5) The opposition may be filed on the basis of one 
or several earlier rights, provided that all belong to the 
same holder.
(6) Information and attachments to be included 
in the opposition as referred to in this Article shall be 
prescribed by the Regulations.
Opposition procedure
Article 46
(1) The Office shall examine whether the opposition 
is filed in compliance with the requirements referred 
to in Article 45 paragraphs (1) and (2) of this Act and 
whether it contains the information and attachments 
as prescribed by the Regulations within the meaning 
of Article 45 paragraph (6) of this Act.
(2) If the requirements set out in Article 45 
paragraphs (1) and (2) of this Act are not complied 13with, the Office shall reject the opposition by a decision.
(3) If the opposition does not include the information 
and attachments as prescribed by the Regulations 
within the meaning of Article 45 paragraph (6) of this 
Act, the Office shall order the opponent by a conclusion 
to correct the opposition within a period of 30 days upon 
receipt of the conclusion.
(4) If the opponent fails to act by the conclusion 
of the Office and fails to correct the opposition within 
the meaning of paragraph (3) of this Article, and the 
opposition procedure cannot be followed, the opposition 
shall be rejected by a decision.
(5) If the requirements set out in paragraph (1) of 
this Article are complied with, the Office shall notify 
the applicant of the opposition as filed, and shall send 
him a copy of the opposition, inviting him to submit his 
observations on the opposition within 60 days from the 
day of receipt of the notification.
(6) The time limit referred to in paragraph (5) of 
this Article shall not be extended, and additions to 
the opposition outside of the time limit which include 
submissions of additional evidence and facts supporting 
the justification of the grounds specified in the opposition 
shall be accepted by the Office if it assesses them to 
be crucial to decide upon justification of the opposition 
and if the party proves that there are justified reasons 
for their delayed delivery taking into consideration also 
the stage of procedure when they were delivered.
(7) If the applicant does not submit his observations 
on the opposition within the prescribed time limit referred 
to in paragraph (5) of this Article, the Office shall 
decide upon accepting the opposition and rejecting the 
application for registration of the trademark within the 
limits of the requests referred to in the opposition, in 
respect of all or a part of the goods or services included 
in the application for registration of the trademark.
(8) If the opposition is accepted by a decision 
referred to in paragraph (7) of this Article only in 
respect to a part of the goods or services included in 
the application, the trademark registration procedure 
shall be continued after such decision has become final 
in respect to the part of goods or services for which it 
is established that the requested registration can be 
granted or which were not subject to the opposition.
(9) If the Office considers it necessary, it may 
provide for oral hearings to be held in the opposition 
procedure. 
Non-use as a method of defence in opposition 
procedures
Article 47
(1) If the applicant for the registration of a trademark 
that was subject to the opposition so explicitly requests, 
the holder of an earlier  trademark who has filed the 
opposition to the registration shall furnish proof that, 
during the five-year period preceding the date of filing 
the application or the date of claiming the priority right 
of the trademark, the earlier trademark has been in 
genuine use as provided by Article 19 of this Act in 
respect of the goods or services for which it is registered and which he cites as justification for his opposition, or 
that there are justified reasons for non-use, provided 
that, on such date, the earlier trademark has been 
registered for not less than five years.
(2) The Office shall invite the holder of an earlier 
trademark by a conclusion to submit his observations 
on the request referred to in paragraph (1) of this Article 
within a period of 60 days from the day of receipt of the 
conclusion.
(3) If the holder of an earlier trademark fails to 
submit his observations on the request to prove the 
use of the earlier trademark or if he fails to prove the 
use or to provide justified reasons for non-use of the 
earlier trademark, the opposition shall be rejected by a 
decision and the application procedure for trademark 
registration shall be continued after such decision has 
become final.
(4) If the holder of an earlier trademark submits 
his observations on the request to prove the use of 
the earlier trademark in the prescribed time limit, the 
Office shall forward a copy of such observations to the 
applicant for trademark registration and invite him to 
submit his observations within a period of 60 days from 
the day of receipt of the invitation.
(5) Upon expiry of the period referred to in 
paragraph (4) of this Article, the Office shall decide upon 
justification of the opposition on the basis of the facts 
and proof available from documents and observations 
delivered before.
(6) If the earlier trademark has been used in relation 
to a part only of the goods or services for which it is 
registered it shall, for the purposes of the examination 
of justification of the opposition, be deemed to be 
registered in respect only of that part of the goods or 
services.
Suspension of the opposition procedure for the 
purpose of attempting to make a friendly settlement
Article 48
(1) The applicant for the registration of a trademark 
and the opponent may, in a request signed by both 
of them and filed in the course of the examination 
procedure concerning the opposition, request the Office 
to order suspension of the procedure for the purpose of 
attempting to make a friendly settlement.
(2) If the request referred to in paragraph (1) of this 
Article is filed, the Office shall decide on suspension of 
the procedure and order the opposition procedure to be 
continued not later than within a period of 24 months 
from filing of the first request referred to in paragraph (1) 
of this Article, if the procedure has not been concluded 
up to the expiry of that period.
(3) If the applicant for the registration of a trademark 
and the opponent submit a notification to the Office 
within the period referred to in paragraph (2) of this 
Article, that disputed issues which were subject to 
the opposition procedure shall be settled and that the 14opponent shall withdraw the opposition, the Office shall 
decide upon suspending the opposition procedure.
Deciding upon justification of the opposition
Article 49
(1) If it is established in the examination procedure 
concerning justification of the opposition that the 
opposition is unjustified, the Office shall decide upon 
rejecting the opposition and the application procedure 
for trademark registration shall be continued after such 
decision has become final.
(2) If it is established in the examination procedure 
concerning justification of the opposition that the 
opposition is justified in respect to all goods and services 
included in the application, the Office shall decide upon 
accepting the opposition and rejecting the application 
for trademark registration in full.
(3) If it is established in the examination procedure 
concerning justification of the opposition that the 
opposition is justified in respect to a part of goods and 
services included in the application, the Office shall 
decide upon accepting the opposition and partially 
rejecting the application for registration of the trademark 
for such goods and services; for the remaining part 
of goods or services included in the application, the 
trademark registration procedure shall be continued 
after such decision has become final.
CHAPTER III
WITHDRAWAL OF THE APPLICATION AND 
LIMITATION OF THE LIST OF GOODS AND 
SERVICES
CORRECTIONS AND DIVISION OF THE 
APPLICATION
Withdrawal of the application and limitation of the list 
of goods and services
Article 50
(1) The applicant for the registration of a trademark 
may at any time withdraw his application or limit the list 
of goods or services contained therein.
(2) If the application has been published, the 
withdrawal of the application or limitation of the list 
of goods or services shall be published in the official 
gazette of the Office.
(3) If the applicant for the registration of a trademark 
limits the list of goods or services which are subject to 
the opposition, the Office shall notify the opponent of 
the limitation of the list of goods or services, and shall 
invite him by a conclusion to state whether he insists on 
the opposition as filed, within a period of 15 days from 
the day of receipt of the conclusion.
(4) The Office shall suspend the opposition 
procedure by a decision and continue the application 
procedure for trademark registration after such 
decision has become final, if the opponent fails to 
submit observations upon invitation of the Office in the 
prescribed period referred to in paragraph (3) of this Article that he insists on the opposition as filed or to 
notify the Office that he has withdrawn his opposition.
Corrections of the application 
Article 51
(1) On request of the applicant for the registration of 
a trademark or ex officio, corrections of the application 
can be made only in cases where it is necessary to 
correct the name or address of the applicant, errors 
of wording or of copying, or to correct some other 
manifest oversights, provided that such corrections do 
not substantially alter the representation of a trademark 
or do not extend the list of goods or services.
(2) If the corrections do not affect the representation 
of a trademark or the list of goods and services and if 
they were made after a trademark has been published, 
the application for a trademark shall be published in the 
official gazette of the Office as altered.
Division of the application
Article 52
(1) The applicant may divide the application by 
submitting a declaration to the Office that some of the 
goods or services included in the original application will 
be the subject of one or more divisional applications. 
The goods or services in the divisional application shall 
not overlap with the goods or services which remain in 
the original application or those which are included in 
other divisional applications.
(2) The declaration of division shall not be 
admissible:
1. if, where an opposition has been entered against 
the original application, such a divisional application has 
the effect of introducing a division amongst the goods 
or services against which the opposition has been 
directed, until the decision of the opposition division 
has become final;
2. before the date of filing referred to in Article 34 of 
this Act has been accorded by the Office and during the 
opposition period provided for in Article 45 paragraph 
(1) of this Act.
(3) The division shall take effect on the date on 
which it is recorded in the files kept by the Office 
concerning the original application.
(4) The divisional application shall preserve the 
filing date and any priority date and seniority date of 
the original application.
(5) The data on divisional applications shall be 
entered in the register and published in the official 
gazette of the Office.
(6) Where the declaration of division relates to an 
application which has already been published pursuant 
to Article 43 of this Act, the divisional application shall 
be published.
(7) The publication of the application pursuant to 
paragraph (6) of this Article shall not open a new period 
for the filing of oppositions.
(8) Where the Office finds that the requirements 
laid down in this Article are not fulfilled, it shall invite 15the applicant by a conclusion to remedy the deficiencies 
within a period of 30 days upon receipt of the conclusion.
(9) If the deficiencies referred to in paragraph (8) of 
this Article are not remedied in the prescribed time limit, 
the Office shall conclude about refusing the declaration 
of division.
(10) The information and attachments to be included 
in the declaration of division, its entry in the register 
and publication shall be prescribed by the Regulations.
CHAPTER IV
REGISTRATION OF THE TRADEMARK AND 
TRADEMARK CERTIFICATE
Registration of the trademark
Article 53
(1) Where an application for registration of a 
trademark meets the requirements set out in this Act 
and where no notice of opposition has been given within 
the period referred to in Article 45 paragraph (1) of this 
Act or where any opposition entered has been finally 
disposed of by withdrawal, rejection or other disposition, 
the Office shall order the applicant by a conclusion to 
pay the prescribed charges for the maintenance of the 
valid trademark for the first ten-year period and for the 
publication of the trademark data within a period of 30 
days from the day of receipt of the conclusion.
(2) If the charges referred to in paragraph (1) of this 
Article are not paid in the prescribed period, the Office 
shall decide upon suspending the application procedure 
for the registration of a trademark.
(3) If the charges referred to in paragraph (1) of this 
Article are paid on time, a trademark shall be entered 
in the Register of Trademarks and published in the 
official gazette of the Office and the Office shall issue 
the decision on trademark registration to the trademark 
holder.
(4) The data from the trademark registration to be 
published in the official gazette of the Office shall be 
prescribed by the Regulations.
Trademark certificate
Article 54
(1) On request of the holder of a trademark, and 
subject to the prior payment of the prescribed charges 
for the issuance of the trademark certificate, the Office 
shall issue the certificate to the holder of the trademark 
after the publication of a registered trademark in the 
official gazette of the Office.
(2) The data to be contained in the trademark 
certificate shall be prescribed by the Regulations.PART FIVE
DURATION, RENEWAL, ALTERATION AND 
DIVISION OF TRADEMARK REGISTRATION
Duration of registration
Article 55
(1) A trademark shall be registered for a period of 
ten years from the date of filing of the application.
(2) Registration may be renewed in accordance 
with Article 56 of this Act for further periods of ten years.
Renewal of trademark registration
Article 56
(1) Registration of the trademark shall be renewed 
at the request of the proprietor of the trademark or any 
person authorised for that on the basis of regulations or 
agreement, provided that the prescribed administrative 
fees and charges have been paid to the Office in the 
last year of a ten-year period of protection.
(2) The Office shall timely, at least six months before 
the expiry of the registration inform the proprietor of 
the trademark of the said expiry. Failure to give such 
information shall not involve the responsibility of the 
Office and shall not affect the expiry of the registration.
(3) The request for renewal shall be submitted within 
a further period of six months following the expiry of 
registration, provided that the double amount of the 
administrative fee and charges have been paid within 
this further period.
(4) If the payment is made in the prescribed time 
limit referred to in paragraph (1), or within a further 
period referred to in paragraph (3) of this Article, it shall 
be deemed to constitute a request for renewal provided 
that it contains all necessary indications to establish the 
purpose of the payment.
(5) Where the request is submitted or the charges 
paid in respect of only some of the goods or services 
for which the trademark is registered, registration shall 
be renewed for those goods or services only.
(6) Where the requirements referred to in this Article 
are fulfilled, the renewal of trademark registration shall 
be entered in the register and published in the official 
gazette of the Office; the Office shall decide upon 
renewing the trademark registration.
(7) Renewal of the trademark registration or, as 
the case may be, its termination unless renewed, shall 
take effect from the day following the date on which the 
existing registration expires.
(8) The data for the purpose of payment to be 
determined shall be prescribed by the Regulations.
Alteration of trademark registration
Article 57
(1) The registered trademark shall not be altered 
in the Register during the period of registration or on 
renewal thereof.
(2) Exceptionally, if the registered trademark 
includes the name and address of the proprietor, 16any alteration thereof not substantially affecting the 
identity of the trademark as originally registered may 
be registered at the request of the proprietor.
(3) The request for alteration shall include the 
element of the mark to be altered and that element in 
its altered version.
(4) If the request for alteration of the registered 
trademark fulfils the requirements referred to in this 
Article, the Office shall enter the alteration in the 
Register and publish it in the official gazette of the Office 
with a representation of the trademark as altered and it 
shall take a decision on such alteration.
(5) Third parties whose rights may be affected by 
the alteration may challenge the registration thereof 
within the period of three months following publication.
(6) The provisions referred to in Articles 44 and 45 of 
this Act shall apply to the publication of the registration 
of the alteration.
Change of the name or address
Article 58
(1) At the request of the proprietor, a change of 
the name or address of the proprietor of the trademark 
which is not an alteration of the trademark pursuant 
to Article 57 paragraph (2) of this Act and which is not 
the consequence of a whole or partial transfer of the 
trademark shall be recorded in the Register.
(2) If the requirements governing the recording of 
a change are not fulfilled, the Office shall invite the 
proprietor by a conclusion to remedy such deficiencies 
within a period of 30 days upon receipt of the conclusion.
(3) If the deficiency is not remedied within the 
specified period, the Office shall reject the request for 
the change of name or address of the proprietor of the 
trademark by a decision.
(4) If the requirements referred to in this Article are 
fulfilled, the change shall be recorded in the Register 
and published in the official gazette of the Office.
(5) The provisions referred to in this Article shall 
also apply to a change of the name or address of the 
authorised representative.
(6) The provisions referred to in this Article shall 
also apply to applications for trademark registration.
(7) The data to be included in the request for the 
change of name or address shall be prescribed by the 
Regulations.
Division of the registration
Article 59
(1) The proprietor of the trademark may divide the 
registration by submitting a declaration to the Office that 
some of the goods or services included in the original 
registration will the subject of one or more divisional 
registrations. The goods or services in the divisional 
registration shall not overlap with the goods or services 
which remain in the original registration or those which 
are included in other divisional registrations.
(2) Where an application for revocation of rights or for a declaration of invalidity has been entered at 
the Office against the original registration, then the 
declaration of division shall not be admissible and it 
has the effect of introducing a request for the division 
amongst the goods or services against which the 
application for revocation of rights or for a declaration of 
invalidity is directed, until the decision has become final.
(3) The division of registration shall take effect on 
the date on which it is entered in the files kept by the 
Office in respect of the original registration.
(4) The divisional registration shall preserve the 
filing date and any priority date and seniority date of 
the original registration.
(5) The data on divisional registrations shall be 
recorded in the Register and published in the official 
gazette of the Office.
(6) If the Office establishes that the requirements 
laid down in this Article are not fulfilled, the Office shall 
order the applicant by a conclusion to remedy the 
deficiencies within a period of 60 days upon receipt of 
the conclusion.
(7) If the proprietor fails to remedy the deficiencies 
referred to in paragraph (6) of this Article within the 
prescribed period, the Office shall refuse the request 
for the division of registration by a conclusion.
(8) The data to be included in the declaration of 
the division of registration, its recording in the Register 
and publication shall be prescribed by the Regulations.
PART SIX
SURRENDER, REVOCATION AND INVALIDITY  
OF A TRADEMARK
CHAPTER I
SURRENDER
Surrender of a trademark
Article 60
(1) The holder of a trademark may surrender the 
trademark in respect of some or all of the goods or 
services for which it is registered by written declaration. 
The surrender shall have effect after it has been entered 
in the Register and it shall be published in the official 
gazette of the Office.
(2) The validity of the surrender of a trademark 
which is declared to the Office subsequent to the 
submission of an application for revocation of that 
trademark pursuant to Article 61 of this Act shall be 
conditional upon the final rejection or withdrawal of the 
application for revocation.
(3) Surrender shall be entered only with the 
agreement of the proprietor of a right relating to the 
trademark. If a licence has been registered, surrender 
shall be entered in the Register only if the proprietor of 
the trademark proves that he has informed the licensee 
of his intention to surrender.
(4) The entry of the surrender referred to in 
paragraph (3) of this Article shall be made and the 
Office shall issue a decision on the entry on expiry 
of the three-month period after the date on which the 17proprietor satisfies the Office that he has informed the 
licensee of this intention to surrender, or before the 
expiry of that period, as soon as he proves that the 
licensee has given his consent.
(5) If the requirements governing surrender are not 
fulfilled, the Office shall communicate the deficiencies to 
the proprietor and invite him by a conclusion to remedy 
the established deficiencies within a period of 30 days 
upon receipt of the conclusion.
(6) If the proprietor fails to remedy the deficiencies 
referred to in paragraph (5) of this Article in the 
prescribed period, the Office shall decide upon rejecting 
the entry of surrender in the Register.
(7) The data to be contained in a declaration of 
surrender pursuant to paragraph (1) of this Article and 
the kind of documentation required to establish a third 
party’s agreement pursuant to paragraph (3) of this 
Article shall be prescribed by the Regulations.
CHAPTER II
REVOCATION OF A TRADEMARK
Filing a request and grounds for revocation of a 
trademark
Article 61
(1) The request for revocation of a trademark may 
be filed with the Office by any natural or legal person for 
some or all of the goods or services in respect of which 
the contested trademark is registered.
(2) A trademark may be revoked if, within a 
continuous period of five years after the registration 
date, it has not been put to genuine use pursuant to 
Article 19 of this Act, and there are no justified reasons 
for non-use.
(3) A trademark may also be revoked if, after the 
date on which it was registered:
1. in consequence of acts or inactivity of the holder, 
it has become a common name in the trade for products 
or services in respect of which it is registered;
2. in consequence of the use made of it by the holder 
of the trademark or with his consent, in respect of the 
goods or services for which it is registered, it is liable to 
mislead the public, particularly as to the nature, quality 
or geographical origin of those goods or services.
(4) The request for revocation of a trademark shall 
contain the information and attachments as prescribed 
by the Regulations.
Procedure concerning revocation
Article 62
(1) The Office shall examine whether the request 
for revocation of a trademark is filed in accordance with 
Article 61 of this Act.
(2) If the request for revocation of a trademark is 
filed before the expiry of a period of five years from the 
registration of the trademark the revocation of which is 
requested, or if it is not filed on the grounds specified in 
Article 61 paragraphs (2) and (3) of this Act, the Office shall reject the request by a decision.
(3) If the request for revocation of a trademark is not 
filed as prescribed by the Regulations, the Office shall 
order the person who filed the request by a conclusion 
to remedy the deficiencies in the request within 30 days 
from the day of receipt of the conclusion.
(4) If the person who filed the request for revocation 
of a trademark does not, within the prescribed time limit, 
comply with the conclusion sent by the Office within the 
meaning of paragraph (3) of this Article, and the request 
cannot be acted upon, the request shall be rejected by 
a decision.
(5) If the requirements set out in paragraph (1) of 
this Article are complied with, the Office shall notify the 
holder of the contested trademark of the request for 
revocation of the trademark as filed, and shall send 
him a copy of the request and invite him to submit his 
observations on the request within 60 days from the 
day of receipt of the invitation.
(6) If the holder of the contested trademark does 
not submit his observations on the request within the 
prescribed time limit, the trademark shall be revoked 
for those goods or services in respect of which the 
request was filed.
(7) If the holder of the contested trademark submits 
his observations on the request, the Office shall 
send a copy of such observations to the applicant for 
revocation of the trademark and invite him to submit his 
observations within a period of 60 days upon receipt of 
the invitation.
(8) If the applicant for revocation fails to submit 
his observations in the time limit prescribed pursuant 
to paragraph (7) of this Article, the Office shall make 
a decision on the basis of the facts available from 
documents and observations as delivered previously. 
(9) On request, the time limits referred to in 
paragraphs (5) and (7) of this Article may be extended 
for not more than 60 days.
(10) If the Office considers it necessary, it may 
provide for oral hearing to be held in the revocation 
procedure.
Deciding upon justification of the request for 
revocation
Article 63
(1) After the expiry of the time limit referred to in 
Article 62 paragraph (7) of this Act, the Office shall 
examine the justification of the grounds for revocation 
of the trademark.
(2) In the examination procedure concerning the 
grounds for revocation of a trademark, the Office 
may invite the parties to submit additional evidence, 
documentation and observations within 60 days from 
the day of receipt of the invitation.
(3) On request, the time limit laid down in paragraph 
(2) of this  Article may  be extended for not more than 
60 days.
(4) If the party in the procedure does not respond to 
the invitation referred to in paragraph (2) of this Article 
within the prescribed time limit, the Office shall make 18a decision on the basis of the facts available from the 
previously submitted documentation.
(5) It may not be requested that a trademark be 
revoked where genuine use of the trademark pursuant 
to Article 19 of this Act has been started or resumed 
during the interval between expiry of the five-year period 
of non-use and filing of the request for revocation. 
However, the commencement or resumption of use 
within a period of three months preceding the filing of 
the request for revocation which began, at the earliest, 
on expiry of the continuous period of five years of 
non-use, shall be disregarded if preparations for the 
commencement or resumption occur only after the 
holder becomes aware that the request for revocation 
may be filed.
(6) If, in the examination procedure concerning 
the request for revocation of a trademark, the Office 
establishes that the request is unjustified, the request 
shall be refused by the decision to that effect.
(7) If, in the examination procedure concerning 
the request for revocation of a trademark, the Office 
establishes that the request is justified, the trademark 
shall be revoked by the decision for some or all of the 
goods or services.
(8) When a trademark is revoked, it shall be deemed 
that its effects ceased in the scope in which the rights 
of the holder of such trademark are revoked from the 
date of the filing of the request for revocation, or at the 
request of one of the parties from an earlier date when 
any of the grounds for revocation occurred.
(9) The revocation of a trademark shall be entered 
in the Register after the decision of revocation has 
become final and it shall be published in the official 
gazette of the Office.
CHAPTER III
TRADEMARK INVALIDITY
Procedure for declaration of trademark invalidity on 
absolute grounds
Article 64
(1) The procedure for a declaration that a trademark 
is invalid for some or all of the goods or services in 
respect of which it is registered, based on the grounds 
referred to in Article 9 paragraph (1) of this Act, may 
be initiated ex officio, on request of an authorised state 
authority or on request of an interested person and the 
trademark may be declared invalid only if such grounds 
for invalidity exist at the time of deciding upon declaring 
the trademark invalid.
(2) The procedure for a declaration that a trademark 
is invalid may be initiated on request of an interested 
person and where the applicant was acting in bad faith 
when he filed the application for the trademark.
(3) Where the trademark has been registered in 
breach of the provisions of Article 9 paragraph (1) 
points 2, 3 and 4 of this Act, it may nevertheless not be 
declared invalid if the holder of such trademark proves 
that, in consequence of the use which has been made of it, the trademark has acquired a distinctive character in 
relation to the goods or services for which it is registered 
before the date of filing the request for a declaration of 
trademark invalidity.
(4) The request for a declaration that a trademark is 
invalid on absolute grounds shall contain the information 
and attachments as prescribed by the Regulations.
Procedure for declaration of trademark invalidity on 
relative grounds
Article 65
(1) The procedure for a declaration that a trademark 
is invalid based on the grounds referred to in Article 10 
of this Act for some or all of the goods or services in 
respect of which the contested trademark is registered 
may be initiated on a proposal:
1. by holders of earlier trademarks pursuant to 
Article 10 paragraph (2) of this Act under the conditions 
set out in Article 10 paragraph (1) of this Act, as well 
as licensees with consent of the holders of such 
trademarks;
2. by holders of an earlier right as referred to in 
Article 10 paragraph (3) of this Act;
3. by persons who have a company within the 
meaning of Article 10 paragraph (4) of this Act;
4. by holders of earlier trademarks within the 
meaning of Article 10 paragraph (5) of this Act;
5. by persons who are authorised to exercise the 
rights under the European Union legislation or national 
law of the Republic of Croatia governing the protection 
of a designation of origin or geographical indication as 
referred to in Article 10 paragraph (6) of this Act.
(2)  In respect of evidence to be submitted together 
with a proposal for declaration that a trademark is 
invalid, the provisions referred to in Article 45 paragraph 
(2) of this Act shall apply accordingly.
(3) Where the proprietor of one of the rights referred 
to in Article 10 of this Act, on which the proposal for a 
declaration that a trademark is invalid is based, has 
previously applied for a declaration that a trademark 
is invalid, he may not submit a new proposal for a 
declaration of invalidity on the basis of another of the 
said rights which he could have invoked in support of 
his first proposal.
(4) A trademark may not be declared invalid where 
the proprietor of a right referred to in Article 10 of this Act, 
on which the proposal for a declaration that a trademark 
is invalid is based, consents expressly to the registration 
of the trademark before submission of such proposal.
(5) If, on the date of filing the proposal for a 
declaration that a trademark is invalid on the basis of an 
earlier trademark, the procedure concerning the request 
for revocation or the proposal for a declaration that such 
earlier trademark is invalid is pending, the Office shall 
decide upon suspending the procedure concerning the 
proposal for a declaration of trademark invalidity until the 
decisions from the procedures concerning revocation 
or declaration of trademark invalidity initiated before 
have become final.
(6) The proposal for a declaration of trademark 19invalidity may be filed on the basis of one or more earlier 
rights, provided that all belong to the same holder.
(7) The proposal for a declaration of trademark 
invalidity on relative grounds shall contain the 
information and attachments as prescribed by the 
Regulations.
Non-use as a method of defence in proceedings for 
declaration of invalidity
Article 66
(1) In the proceedings for a declaration of invalidity 
on the basis of a registered trademark with an earlier 
date of filing the application or an earlier priority date, if 
the proprietor of the later trademark expressly requests 
so, the proprietor of an earlier trademark shall furnish 
proof that, during the period of five years preceding the 
date of the application for a declaration of invalidity, 
the earlier trademark has been put to genuine use as 
referred to in Article 19 of this Act in connection with the 
goods or services in respect of which it is registered and 
which the proprietor of that earlier trademark cites as 
justification for his application, or that there are proper 
reasons for non-use, provided that the earlier trademark 
has at the date of filing the proposal for a declaration of 
trademark invalidity been registered for not less than 
five years.
(2) The Office shall invite the holder of an earlier 
trademark by a conclusion to submit his observations 
concerning the request referred to in paragraph (1) of 
this Article within 60 days upon receipt of the conclusion.
(3) If the holder of an earlier trademark fails to 
submit his observations concerning the request to 
furnish proof of genuine use in the prescribed time 
limit or fails to prove genuine use or to provide proper 
reasons for non-use of the earlier trademark, the 
proposal for a declaration that a trademark is invalid 
shall be refused by a decision.
(4) If the holder of an earlier trademark submits his 
observations concerning the request to furnish proof 
of genuine use of such trademark in the prescribed 
time limit, the Office shall forward a copy of such 
observations to the holder of the contested trademark 
and invite him to submit his observations thereon within 
60 days upon receipt of the invitation.
(5) Upon expiry of the period referred to in paragraph 
(4) of this Article, the Office shall decide upon justification 
of the proposal for a declaration of trademark invalidity 
on the basis of the facts available from documents and 
observations as previously submitted.
(6) If the earlier trademark has been used only in 
relation to part of the goods or services for which it is 
registered, it shall, for the purpose of the examination 
of the proposal for a declaration of trademark invalidity, 
be deemed to be registered in respect of that part of the 
goods or services only.Absence of distinctive character or reputation of 
an earlier trademark that prevents the registered 
trademark from being declared invalid
Article 67
The proposal for a declaration of invalidity on the 
basis of an earlier trademark shall not be accepted on 
the date of the proposal of invalidity if it is not accepted 
on the date of filing the application or on the priority date 
of the later trademark for any of the following reasons:
1. an earlier trademark that can be declared invalid 
pursuant to Article 9 paragraph (1) points 2, 3 and 4 of 
this Act has not yet acquired distinctive character as 
referred to in Article 9 paragraph (2) of this Act;
2. the proposal to declare invalidity is based on 
Article 10 paragraph (1) point 2 of this Act, and the 
earlier trademark has not yet acquired sufficient 
distinctiveness to justify the probability of misleading 
the public within the meaning of Article 10 paragraph 
(1) point 2 of this Act;
3. the proposal to declare invalidity is based on 
Article 10 paragraph (1) point 3 of this Act, and the 
earlier trademark has not yet acquired reputation within 
the meaning of Article 10 paragraph (1) point 3 of this 
Act.
Limitation of declaration of invalidity in consequence 
of acquiescence
Article 68
(1) Where the proprietor of an earlier trademark 
referred to in Article 10 paragraph (2) of this Act has 
acquiesced, for a period of five successive years, in 
the use of a later trademark while being aware of such 
use, he shall no longer be entitled on the basis of the 
earlier trademark to apply for a declaration that the later 
trademark is invalid or to oppose the use of the later 
trademark in respect of the goods or services for which 
such later trademark has been used, unless registration 
of the later trademark was applied for in bad faith.
(2) The provision referred to in paragraph (1) of this 
Article shall also apply to the holders of rights referred 
to in Article 10 paragraphs (3) and (4) of this Act.
(3) In the cases referred to in paragraphs (1) and 
(2) of this Article, the proprietor of a later trademark 
shall not be entitled to oppose the use of the earlier 
right, even though that right may no longer be invoked 
against the later trademark.
Examination of the proposal for declaration of 
trademark invalidity
Article 69
(1) The Office shall examine if the proposal for a 
declaration of trademark invalidity is filed in compliance 
with the conditions referred to in Article 64 of this Act, 
or, as the case may be, in compliance with Article 65 
of this Act.
(2) If the proposal for a declaration of trademark 
invalidity is not filed by an authorised person referred 20to in Article 64 paragraph (1) or, as the case may be, in 
Article 65 paragraph (1), and if it is not filed in compliance 
with the provisions referred to in Article 65 paragraphs 
(2) and (3) of this Act, and the proposal cannot be acted 
upon, the Office shall reject the proposal by a decision.
(3) If the proposal for a declaration of trademark 
invalidity does not contain the information and 
attachments as prescribed by the Regulations pursuant 
to Article 64 paragraph (4) of this Act, or, as the case 
may be, pursuant to Article 65 paragraph (7) of this Act, 
the Office shall order the applicant by a conclusion to 
remedy the deficiencies in the proposal within a period 
of 30 days upon receipt of the conclusion.
(4) If the applicant does not, within the prescribed 
time limit, comply with the conclusion sent by the Office 
and does not remedy the deficiencies in the proposal 
within the meaning of paragraph (3) of this Article, and 
the proposal cannot be acted upon, the Office shall 
reject the proposal by a decision.
(5) If the conditions to initiate the procedure 
concerning the proposal for a declaration of trademark 
invalidity are complied with, the Office shall notify 
the holder of the contested trademark of the initiated 
procedure for a declaration that the trademark is invalid, 
it shall send him a copy of the proposal and invite him by 
a conclusion to submit his observations on the proposal 
within 60 days from the day of receipt of the conclusion.
(6) On request, the time limit laid down in paragraphs 
(5) of this Article may be extended for not more than 
60 days.
(7) If the holder of the contested trademark does not 
submit his observations on the proposal for a declaration 
that the trademark is invalid within the prescribed time 
limit, the trademark shall be declared invalid for those 
goods or services in respect of which the procedure 
was initiated.
(8) If the Office considers it necessary, it may provide 
for oral hearing to be held in the procedure concerning 
the proposal for a declaration that a trademark is invalid.
Deciding upon justification of the proposal for a 
declaration of trademark invalidity
Article 70
(1) If the holder of the contested trademark submits 
his observations within the prescribed time limit referred 
to in Article 69 of this Act, the Office shall examine the 
justification of the grounds specified in the proposal for 
a declaration of trademark invalidity within the limits of 
that proposal in respect of some or all of the goods or 
services for which the contested trademark is registered.
(2) In the examination procedure concerning the 
proposal for a declaration that a trademark is invalid, 
the Office may invite the parties to submit additional 
evidence, documentation and observations within 60 
days from the day of receipt of the invitation.
(3) On request, the time limit laid down in paragraph  
(2) of this Article may be extended for not more than 
60 days.
(4) If the party in the procedure does not respond to 
the invitation within the prescribed time limit, the Office shall make a decision on the basis of the facts available 
from the documentation submitted earlier.
(5) If, in the examination procedure concerning the 
proposal for a declaration that a trademark is invalid, 
the Office establishes that the proposal is unjustified, 
the proposal shall be refused by a decision.
(6) If, in the examination procedure concerning the 
proposal for a declaration that a trademark is invalid, 
the Office establishes that the proposal is justified, the 
trademark shall be declared invalid in respect of some 
or all of the goods or services for which it is registered.
(7) Where a trademark is declared invalid, it shall be 
considered not to have effects from the very beginning, 
in the scope in which such trademark is declared invalid.
(8) The declaration that a trademark is invalid 
shall be entered in the Register upon decision thereon 
becoming final and it shall be published in the official 
gazette of the Office.
(9) If, in the examination procedure for justification 
of the proposal for a declaration that a trademark 
registered in the name of an agent is invalid, in which it 
is requested that such trademark is assigned pursuant 
to Article 24 paragraph (1) of this Act, it is established 
that the grounds for a declaration of trademark invalidity 
are justified, instead of declaring the trademark invalid, 
the Office shall decide upon assigning the trademark 
on behalf of the holder of the trademark and upon such 
decision becoming final it shall enter the transfer of the 
trademark in the Register.
PART SEVEN
SPECIFIC PROVISIONS ON COLLECTIVE AND 
GUARANTEE TRADEMARKS
CHAPTER I
COLLECTIVE TRADEMARKS
Definition and application of provisions
Article 71
(1) A collective trademark shall be a trademark which 
is indicated as such in the application for the registration 
of a trademark and is capable of distinguishing the 
goods or services of the members of the association 
which is the proprietor of the trademark from the goods 
or services of other undertakings.
(2) A collective trademark may be applied for by 
associations of manufacturers, producers, suppliers of 
services, or traders, which, under the terms of the law 
governing them, have the capacity in their own name 
to have rights and obligations of all kinds, to make 
contracts or accomplish other legal acts, and to sue 
and be sued, as well as legal persons governed by 
public law.
(3) By way of derogation from Article 9 paragraph 
(1) point 3 of this Act, signs or indications which may 
serve, in trade, to designate the geographical origin of 
the goods or services may be protected as a collective 
trademark.
(4) A collective trademark shall not entitle the 
proprietor to prohibit a third party from using in the 21course of trade such signs or indications referred to 
in paragraph (3) of this Article, provided that he uses 
them in accordance with honest practices in industrial 
or commercial matters; in particular, such a trademark 
shall not be invoked against a third party who is entitled 
to use a geographical name.
(5) Other provisions of this Act and of the Trademark 
Regulations governing national applications or 
registrations of individual trademarks shall apply to 
collective trademarks unless prescribed otherwise by 
the provisions referred to in this Chapter of the Act.
Regulations governing use of a collective trademark
Article 72
(1) An applicant for a collective trademark shall 
submit to the Office regulations governing use not later 
than within two months of the date of filing.
(2) The regulations governing use shall specify the 
persons authorised to use the trademark, the conditions 
of membership of the association and the conditions 
of use of the trademark, including sanctions in case 
of misuse of the collective trademark or infringement 
of the regulations. The regulations governing use of a 
trademark referred to in Article 71 paragraph (3) of this 
Act shall authorise any person whose goods or services 
originate in the geographical area concerned to become 
a member of the association which is the proprietor of 
the trademark provided that other conditions from the 
regulations are satisfied.
(3) If the regulations do not contain the information 
and conditions provided by this Article, the Office shall 
invite the applicant by a conclusion to remedy the 
established deficiencies within a period of 30 days upon 
receipt of the conclusion.
(4) The information to be included in the regulations 
on the collective trademark shall be prescribed by the 
Regulations.
Refusal of the application for a collective trademark
Article 73
(1) In addition to the grounds for refusal of a 
trademark application provided for in Articles 41 and 42 
of this Act, with the exception provided for in Article 71 
paragraph (3) of this Act, an application for a collective 
trademark shall be refused where the provisions of 
Articles 71 and 72 of this Act are not satisfied, or where 
the regulations governing use are contrary to public 
policy or to accepted principles of morality.
(2) An application for a collective trademark shall 
also be refused if the public is liable to be misled 
as regards the character or the significance of the 
trademark, in particular if it is likely to be taken to be 
something other than a collective trademark.
(3) An application shall not be refused if the 
applicant, as a result of amendment of the regulations 
governing use, meets the requirements of paragraphs 
1 and 2.Observations by third parties concerning the 
application for a collective trademark
Article 74
Observations by third parties concerning the 
application for a collective trademark pursuant to Article 
44 of this Act may also be based on the grounds for 
refusal of a collective trademark provided for in Article 
73 of this Act.
Use of a collective trademark
Article 75
The conditions prescribed by this Act concerning the 
use of trademarks in respect of collective trademarks 
shall be satisfied if any person authorised to use a 
collective trademark uses such trademark in compliance 
with Article 19 of this Act.
Amendment of the regulations governing use of a 
collective trademark
Article 76
(1) The proprietor of a collective trademark shall 
submit to the Office any amended regulations governing 
use of that trademark.
(2) The amendment shall be recorded in the Register 
and the information thereon published if the amended 
regulations satisfy the requirements of Article 72 of this 
Act or do not involve one of the grounds for refusal of 
the application referred to in Article 73 of this Act.
(3) Observations made in accordance with Article 
74 of this Act may also be submitted with regard to 
amended regulations governing use.
(4) For the purposes of applying this Act, amendments 
to the regulations governing use shall take effect from 
the date of entry of the mention of the amendment in 
the Register.
Persons who are entitled to bring an action for 
infringement of a collective trademark
Article 77
(1) The provisions of Article 125 of this Act 
concerning the rights of licensees shall apply to every 
person who has authority to use a collective trademark.
(2) The proprietor of a collective trademark shall 
be entitled to claim compensation on behalf of persons 
who have authority to use the mark where they have 
sustained damage in consequence of unauthorised use 
of that trademark.
Grounds for revocation of a collective trademark
Article 78
Apart from the grounds for revocation provided for 
in Article 61 of this Act, the rights of the proprietor of a 
collective trademark shall be revoked on application to 
the Office, or on any of the following grounds:
1. the proprietor does not take reasonable steps 
to prevent the trademark being used in a manner 22incompatible with the conditions of use laid down in the 
regulations governing use, including all amendments to 
which have been mentioned in the Register;
2. the manner in which the trademark has been 
used by the proprietor has caused it to become liable 
to mislead the public in the manner referred to in Article 
73 paragraph (2) of this Act;
3. an amendment to the regulations governing use 
of the trademark has been mentioned in the Register 
in breach of the provisions of Article 72 paragraph 
(2) of this Act, unless the proprietor of the trademark, 
by further amending the regulations governing use, 
complies with the requirements of those provisions.
Grounds for invalidity of a collective trademark
Article 79
Apart from the grounds for invalidity provided for in 
this Act, with the exception of Article 71 paragraph (3) 
of this Act, a collective trademark which is registered in 
breach of the provisions of Article 73 of this Act shall be 
declared invalid on application to the Office, unless the 
proprietor of the trademark, by amending the regulations 
governing use, complies with the requirements of those 
provisions.
CHAPTER II
GUARANTEE TRADEMARK
Definition and application of the provisions
Article 80
(1) A guarantee trademark shall be a trademark 
which is described as such when the trademark is 
applied for and is capable of distinguishing goods or 
services which are certified by the proprietor of the 
trademark in respect of material, mode of manufacture 
of goods or performance of services, quality, accuracy 
or other characteristics, from goods and services which 
are not so certified.
(2) Any natural or legal person, including institutions, 
authorities and bodies governed by public law, may 
apply for a guarantee trademark provided that such 
person does not carry on a business involving the supply 
of goods or services of the kind he authorises as the 
proprietor of the trademark referred to in paragraph (1) 
of this Article.
(3) Other provisions of this Act and of the Trademark 
Regulations governing national applications or 
registrations of individual trademarks shall apply to 
guarantee trademarks unless prescribed otherwise 
by the provisions referred to in this Chapter of the Act.
Regulations governing use of a guarantee trademark
Article 81
(1) An applicant for a guarantee trademark shall 
submit to the Office regulations governing the use of 
the guarantee mark not later than within two months of 
the date of filing.
(2) The regulations governing use shall specify the persons authorised to use the trademark, the 
characteristics to be certified by the mark, how the 
certifying body is to test those characteristics and to 
supervise the use of the mark. Those regulations shall 
also specify the conditions of use of the guarantee 
trademark, including sanctions.
(3) If the regulations do not contain the information 
and conditions provided by this Article, the Office shall 
invite the applicant by a conclusion to remedy the 
established deficiencies within a period of 30 days upon 
receipt of the conclusion.
(4) The information to be included in the regulations 
on the guarantee trademark shall be prescribed by the 
Regulations.
Refusal of the application for a guarantee trademark
Article 82
(1) In addition to the grounds for refusal of a 
trademark application provided for in Articles 41 and 
42 of this Act, an application for a guarantee trademark 
shall be refused where the provisions of Articles 80 and 
81 of this Act are not satisfied, or where the regulations 
governing use are contrary to public policy or to 
accepted principles of morality.
(2) An application for a guarantee trademark shall 
also be refused if the public is liable to be misled 
as regards the character or the significance of the 
trademark, in particular if it is likely to be taken to be 
something other than a guarantee trademark.
(3) An application shall not be refused if the 
applicant, as a result of amendment of the regulations 
governing use, meets the requirements of paragraphs 
1 and 2.
Observations by third parties concerning the 
application for a guarantee trademark
Article 83
Observations by third parties concerning the 
application for a guarantee trademark pursuant to Article 
44 of this Act may also be based on the grounds for 
refusal of a guarantee trademark provided for in Article 
82 of this Act.
Use of a guarantee trademark
Article 84
The conditions prescribed by this Act concerning 
the use of trademarks in respect of guarantee 
trademarks shall be satisfied if any person authorised 
to use a guarantee trademark uses such trademark in 
compliance with Article 19 of this Act.
Amendment of the regulations governing use of a 
guarantee trademark
Article 85
(1) The proprietor of a guarantee trademark shall 
submit to the Office any amended regulations governing 
use of that trademark.23(2) The amendment shall be recorded in the Register 
and the information thereon published if the amended 
regulations satisfy the requirements of Article 81 of this 
Act or do not involve one of the grounds for refusal of 
the application referred to in Article 82 of this Act.
(3) Observations made in accordance with Article 
83 of this Act may also be submitted with regard to 
amended regulations governing use.
(4) For the purposes of applying this Act, amendments 
to the regulations governing use shall take effect from 
the date of entry of the mention of the amendment in 
the Register.
Transfer of a guarantee trademark
Article 86
By way of derogation from Article 22 of this Act, 
a guarantee trademark may only be transferred to 
a person who meets the requirements of Article 80 
paragraph (2) of this Act.
Persons who are entitled to bring an action for 
infringement of a guarantee trademark
Article 87
(1) Only the proprietor of a guarantee trademark, or 
any person specifically authorised by him to that effect, 
shall be entitled to bring an action for infringement.
(2) The proprietor of a guarantee trademark shall 
be entitled to claim compensation on behalf of persons 
who have authority to use the mark where they have 
sustained damage in consequence of unauthorised use 
of that trademark.
Grounds for revocation of a guarantee trademark
Article 88
Apart from the grounds for revocation provided for 
in Article 61 of this Act, the rights of the proprietor of a 
guarantee trademark shall be revoked on application to 
the Office, or on any of the following grounds:
1. the proprietor no longer complies with the 
requirements set out in Article 80 paragraph (2) of this 
Act;
2. the proprietor does not take reasonable steps 
to prevent the trademark being used in a manner 
incompatible with the conditions of use laid down in the 
regulations governing use, including all amendments to 
which have been mentioned in the Register;
3. the manner in which the trademark has been 
used by the proprietor has caused it to become liable 
to mislead the public in the manner referred to in Article 
82 paragraph (2) of this Act;
4. an amendment to the regulations governing use 
of the trademark has been mentioned in the Register 
in breach of the provisions of Article 85 paragraph 
(2) of this Act, unless the proprietor of the trademark, 
by further amending the regulations governing use, 
complies with the requirements of those provisions.Grounds for invalidity of a guarantee trademark
Article 89
Apart from the grounds for invalidity provided for in 
this Act, a guarantee trademark which is registered in 
breach of the provisions of Article 82 of this Act shall be 
declared invalid on application to the Office, unless the 
proprietor of the trademark, by amending the regulations 
governing use, complies with the requirements of those 
provisions.
PART EIGHT
INTERNATIONAL REGISTRATION OF A 
TRADEMARK
CHAPTER I
GENERAL PROVISIONS
Application of provisions
Article 90
Unless this part of the Act or the provisions of the 
Madrid Agreement and the Protocol Relating to the 
Madrid Agreement provide otherwise, this Act and the 
Trademark Regulations shall apply to international 
registrations of trademarks based on a national 
application for a trademark or on a trademark registered 
by national route, as well as international registrations 
of trademarks entered in the international register 
maintained by the International Bureau designating the 
Republic of Croatia.
CHAPTER II
INTERNATIONAL REGISTRATION OF A MARK 
BASED ON A NATIONAL APPLICATION OR 
NATIONAL REGISTRATION
Filing of an international application for a trademark
Article 91
(1) An international application pursuant to Article 3 
of the Madrid Protocol based on a national trademark 
application or registration shall be filed with the Office.
(2) The applicant may be any holder of a national 
application for a trademark or a holder of a national 
registration of a trademark, if he is a citizen of the 
Republic of Croatia or has his domicile in it, or has a real 
and effective industrial or commercial undertaking in it.
(3) Where an international application is filed before 
the national registration of a trademark, the applicant for 
the international registration shall indicate whether the 
international registration is to be based on a national 
trademark application or registration. Where the 
international registration is to be based on a national 
registration of a trademark registered after the date of 
filing an international application for a trademark, the 
international application shall be deemed to have been 
received at the Office on the date of registration of the 
national trademark.
(4) Integral parts of and attachments to the 
international application shall be submitted pursuant 24to the Madrid Protocol and the Trademark Regulations.
Examination of correctness of an international 
application for a trademark
Article 92
(1) If the international application for a trademark 
satisfies the conditions referred to in Article 91 of this 
Act, the Office shall forward the application to the 
International Bureau.
(2) If the international application for a trademark 
does not satisfy the conditions referred to in Article 
91 of this Act, the Office shall order the applicant by a 
conclusion to remedy the deficiencies in the application 
within 30 days from the day of receipt of the conclusion.
(3) On request, the time limit laid down in paragraph 
(2) of this Article may be extended for not more than 
30 days.
(4) If the applicant for the international registration 
of a mark does not comply with the conclusion sent by 
the Office, and does not remedy the found deficiencies 
within the prescribed time limit, and the request cannot 
be acted upon, the international application shall be 
rejected by a decision.
Recordal in the trademark register
Article 93
The date and number of an international registration 
based on a national trademark application or registration 
shall be recorded in the trademark register kept by the 
Office.
Notification of the invalidity of the national application 
or registration
Article 94
Within a period of five years of the date of the 
international registration, the Office shall notify the 
International Bureau of any facts and decisions affecting 
the validity of the national trademark application 
or the national trademark registration on which the 
international registration was based.
Filing of a request for territorial extension subsequent 
to international registration and of a request for 
recordal of change in the international register
Article 95
(1) A request for territorial extension made 
subsequent to an international registration and a 
request for recordal of change in the international 
register may be filed with the International Bureau 
through the intermediary of the Office when pursuant 
to the provisions under the Madrid Protocol the Office is 
competent to forward such requests to the International 
Bureau.
(2) Integral parts of and attachments to the request 
for territorial extension or to the request for recordal of 
change in the international register shall be submitted 
pursuant to the Madrid Protocol and the Trademark Regulations.
(3) If the request for territorial extension or the 
request for recordal of change in the international 
register complies with the requirements set out in 
paragraph (2) of this Article, the Office shall forward the 
request to the International Bureau.
(4) Where the request for territorial extension or 
the request for recordal of change in the international 
register is not filed in accordance with the requirements 
referred to in paragraph (2) of this Article, the Office 
shall order the applicant by a conclusion to remedy 
the deficiencies within 30 days upon receipt of the 
conclusion.
(5) On request, the time limit laid down in paragraph 
(2) of this Article may be extended for not more than 
30 days.
(6) If the applicant does not act as ordered by 
the Office in the conclusion and does not remedy the 
deficiencies in the prescribed time limit, and the request 
cannot be acted upon, the request shall be refused by 
a decision.
International fees
Article 96
Any fees payable to the International Bureau 
under the Madrid protocol shall be paid direct to the 
International Bureau.
CHAPTER III
INTERNATIONAL REGISTRATIONS DESIGNATING 
THE REPUBLIC OF CROATIA
Effects of international registrations designating the 
Republic of Croatia
Article 97
(1) An international registration designating the 
Republic of Croatia shall, from the date of its registration 
pursuant to Article 3 paragraph (4) of the Madrid Protocol 
or from the date of the subsequent designation of the 
Republic of Croatia pursuant to Article 3ter paragraph 
(2) of the Madrid Protocol, have the same effect as an 
application for a national trademark.
(2) If no refusal has been notified by the Office to 
the International Bureau in accordance with Article 5 
paragraphs (1) and (2) of the Madrid Protocol or if any 
such refusal has been withdrawn, the international 
registration of a trademark shall, from the date referred 
to in paragraph (1), have the same effect as the 
registration of a trademark as a national trademark.
Examination as to absolute grounds for refusal and 
correctness of classification of goods and services 
under an international registration
Article 98
(1) International registrations designating the 
Republic of Croatia shall be subject to examination by 
the Office as to absolute grounds for refusal and to the 
correctness of classification of goods and services in 25the same way as applications for national trademarks.
(2) Where an international registration designating 
the Republic of Croatia is found to be ineligible for 
protection pursuant to paragraph (1) of this Article for 
all or any part of the goods and services for which it 
has been registered by the International Bureau, the 
Office shall issue an ex officio provisional notification of 
refusal to the International Bureau, in accordance with 
Article 5 paragraphs (1) and (2) of the Madrid Protocol.
(3) The notification of provisional refusal shall state 
the reasons and the scope on which it is based, and 
shall invite the holder of the international registration 
to submit his observations on the grounds for refusal 
within four months from the date of the Office’s issuing 
the notification of provisional refusal, exclusively through 
a professional representative.
(4) On request of the holder of the international 
registration through a professional representative, the 
time limit referred to in paragraph (3) of this Article may 
be extended for not more than 60 days.
(5) Where the holder of the international registration 
fails to submit his observations on the notification of 
provisional refusal in the prescribed time limit, or where 
in the procedure concerning the observations on such 
notification the international registration is found to be 
ineligible for protection in the Republic of Croatia, the 
Office shall decide upon refusing the protection, as the 
case may be, for all or part of the goods or services 
under the international registration.
(6) Where the holder of the international registration 
submits his observations on the notification of 
provisional refusal in the prescribed time limit, and 
where in the procedure concerning the observations 
on such notification the international registration is 
found to be eligible for protection in the Republic of 
Croatia for all of the goods or services, the Office 
shall decide upon granting the protection under the 
international registration provided that no opposition to 
such international registration has been filed.
Collective and guarantee trademarks of international 
registrations
Article 99
The holder of the international registration of a 
collective or a guarantee trademark shall submit the 
regulations governing the use of the collective or 
guarantee trademark, as provided for in Article 72 
paragraph (2) of this Act, or Article 81 paragraph (2) 
of this Act, directly to the Office within four months of 
the date on which the International Bureau notifies the 
international registration to the Office.
Opposition to the international registration of a mark
Article 100
(1) In the procedure concerning the opposition to an 
international registration of a mark, the publication of the 
national application shall be replaced by the publication 
of the international registration of mark pursuant to 
Article 3 paragraph (4) of the Madrid Protocol, or the publication of a subsequent designation of the Republic 
of Croatia in the international registration of mark 
pursuant to Article 3ter paragraph (2) of the Madrid 
Protocol.
(2) The time limit for filing the opposition to an 
international registration of a mark shall run from the 
first day of the month following the month indicated on 
the edition of the official gazette of the International 
Bureau in which such international registration has 
been published.
(3) The information and attachments to be included 
in the opposition referred to in this Article shall be 
prescribed by the Regulations.
Opposition proceedings concerning international 
registration
Article 101
(1) Where the requirements for filing an opposition to 
the international registration of a trademark as provided 
for by this Act are satisfied, the Office shall issue a 
provisional notification of refusal to the International 
Bureau pursuant to Article 5 paragraphs (1) and (2) of 
the Madrid Protocol.
(2) The notification of provisional refusal shall 
state the reasons and the scope of refusal on which 
it is based, and the invitation to the holder of the 
international registration to appoint a representative, 
who shall submit his power of attorney to the Office 
within four months from the day on which the Office 
issues the notification of provisional refusal.
(3) Where the requirements referred to in paragraph 
(2) of this Article are satisfied, the Office shall issue 
a copy of the opposition through a professional 
representative to the holder of the international 
registration of a trademark and shall invite him to submit 
his observations thereon within 60 days upon receipt 
of the opposition.
(4) The time limits referred to in paragraphs (2) and 
(3) of this Article may not be extended.
(5) Where the holder of the international registration 
fails to act as referred to in paragraphs (2) or (3) of this 
Article in the prescribed time limits, the Office shall 
decide upon accepting the opposition to the international 
registration of a trademark within the limits of the request 
mentioned in the opposition.
Statement of granting or refusing protection of an 
international registration of a trademark
Article 102
(1) The Office shall issue a statement to the 
International Bureau granting protection of an 
international registration of a trademark in the Republic of 
Croatia in respect to all or part of the goods or services if 
no grounds for refusal of the international registration of 
a trademark are found in the examination proceedings in 
relation to absolute grounds for refusal and correctness 
of classification of the goods or services, or, where 
applicable, in the opposition proceedings concerning 
the international registration of a trademark, or if such 26proceedings have become final by granting protection 
to all or part of the goods or services.
(2) The Office shall issue a statement to 
the International Bureau refusing protection of 
an international registration of a trademark if the 
examination proceedings in relation to absolute grounds 
for refusal and correctness of classification of the 
goods or services, or, where applicable, the opposition 
proceedings concerning the international registration of 
a trademark have become final by refusing protection 
to all of the goods or services.
Conversion (transformation) of an international 
registration of a trademark into a national trademark 
application
Article 103
(1) Where the request of the holder of an international 
registration of a trademark for conversion of the 
international registration into a national trademark 
application fulfils all the requirements laid down under 
Article 9quinquies of the Madrid Protocol for such 
conversion  (transformation), and on or before the day 
of cancellation of an international registration from the 
International Register such trademark enjoys protection 
in the Republic of Croatia, such trademark shall be 
entered in the trademark register kept by the  Office 
pursuant to this Act, subject to the prior payment of 
the charges for the maintenance of the  trademark  
for  the  first ten-year period and the publication of the 
trademark data.
(2) Where the request of the holder of an international 
registration of a trademark for conversion of the 
international registration into a national trademark 
application fulfils all the requirements laid down under 
Article 9quinquies of the Madrid Protocol for such 
conversion  (transformation), and on or before the day 
of cancellation of an international registration from the 
International Register such trademark has been subject 
to the examination proceedings for granting protection 
in the Republic of Croatia, such proceedings shall be 
deemed an integral part of the national trademark 
application procedure pursuant to the provisions of 
this Act.
(3) The date of the international registration of 
the trademark, which is the basis for conversion 
(transformation), shall be taken as the date of the 
national trademark application, resulting from the 
request for conversion (transformation), carried out 
in accordance with Article (3) paragraph (4) of the 
Madrid Protocol or, where applicable, from the date 
of subsequent designation of the Republic of Croatia 
pursuant to Article 3ter paragraph (2) of the Madrid 
Protocol.
(4) The information and attachments to be included 
in the request for conversion of the international 
registration into national trademark application shall be 
prescribed by the Regulations.Declaration that an international registration of a 
trademark is invalid and revocation of an international 
registration of a trademark
Article 104
(1) In the procedures concerning the proposal for 
a declaration that an international registration of a 
trademark is invalid and the request for revocation of 
an international registration of a trademark, the Office 
shall notify the holder of the international registration of 
a trademark of the proposal or request and order him 
by conclusion to appoint a representative who, within 
60 days from the date of receipt of the conclusion, has 
to file with the Office a power of attorney.
(2) The time limit referred to in paragraph (1) of this 
Article may not be extended.
(3) Where the requirements referred to in paragraph 
(1) of this Article are satisfied, the Office shall send 
through a professional representative a copy of the 
proposal or request to the holder of the international 
registration of a trademark and invites him to submit 
his observations thereon within 60 days from the day 
of receipt of such copy.
(4) On request, the time limit laid down in paragraph 
(3) of this Article may be extended for not more than 
60 days.
(5) Where the holder of the international registration 
fails to act as referred to in paragraphs (1) or (3) of this 
Article in the prescribed time limits, the Office shall 
decide upon accepting the proposal for a declaration 
that an international registration of a trademark is 
invalid or the request for revocation of an international 
registration of a trademark within the limits of the 
proposal or request as submitted.
(6) If in the proceedings concerning the proposal 
for a declaration that an international registration of 
a trademark is invalid or the request for revocation 
of an international registration of a trademark it was 
decided upon declaring such trademark invalid or 
revoking a trademark for all or part of the goods or 
services, the Office shall notify the International Bureau 
of a declaration that an international registration of a 
trademark is invalid or of revocation of an international 
registration of a trademark in the Republic of Croatia 
in respect of all or part of the goods or services upon 
such decision becoming final.
Use of an international registration of a trademark
Article 105
(1) For the purpose of furnishing proof in the 
opposition proceedings, the procedure concerning the 
proposal for a declaration of trademark invalidity and 
the procedure concerning the request for revocation 
of a trademark, that an international registration of a 
trademark has been used, in order to establish the date 
as from which the trademark which is the subject of an 
international registration designating the Republic of 
Croatia shall be put to genuine use in the territory of 
the Republic of Croatia, it shall be the date when the 
statement of the Office on granting protection of an 27international registration of a trademark in the Republic 
of Croatia referred to in Article 102 paragraph (1) of 
this Act was published in the official gazette of the 
International Bureau.
(2) If upon expiry of a one-year period from the date 
of notification by the International Bureau of the request 
to extend protection of an international registration to 
the territory of the Republic of Croatia the Office has 
not notified the International Bureau of a temporary 
refusal of the protection or of a statement on granting 
protection of an international registration of a trademark, 
the first day following the date of expiry of such one-year 
period shall be taken as the date established for such 
trademark to be put to genuine use.
Replacement of a national registered trademark by 
an international registration of a trademark
Article 106
(1) If the conditions referred to in Article 4bis 
paragraph (1) of the Madrid Protocol are complied 
with, upon request of the holder of a national trademark 
registration and also the holder of an identical 
international trademark registration granting protection 
in the Republic of Croatia the Office shall enter a notice 
in the Register that a trademark registered by national 
route is deemed to have been replaced by an identical 
international trademark registration.
(2) If the request referred to in paragraph (1) of this 
Article is fulfilled, the Office shall notice the International 
Bureau of the record of replacement.
(3) The information and attachments to be included 
in the request for recording replacement of a national 
trademark registration by an international trademark 
registration shall be prescribed by the Regulations.
PART NINE
EUROPEAN UNION TRADEMARKS
Extension of effects of the European Union trademark
Article 107 
The effects of applications for a European Union 
trademark filed and European Union trademarks 
acquired before 1 July 2013 shall extend to the territory 
of the Republic of Croatia with such date.
A European Union trademark as an earlier trademark
Article 108 
(1) Within the meaning of Article 10 paragraph (2) of 
this Act, a European Union trademark applied for before 
1 July 2013 shall be an earlier trademark in relation to 
national trademark applications filed after such date, as 
well as national trademarks based on such applications 
and international trademark registrations with the date of 
registration for the Republic of Croatia after 1 July 2013.
(2) Within the meaning of Article 10 paragraph (1) 
point 3 of this Act, an earlier European Union trademark 
having reputation in the European Union shall be taken 
into consideration in accordance with the provisions of Article 8 paragraph (5) of the Regulation on the 
European Union Trademark.
(3) A national trademark or an international 
trademark registration having effect in the Republic of 
Croatia shall be deemed an earlier trademark within 
the meaning of Article 10 paragraph (2) of this Act even 
when waived or let expire by the holder, if seniority claim 
was filed for a European Union trademark in accordance 
with Article 39 or, where appropriate, Article 40 of the 
Regulation on the European Union Trademark.
(4) Within the meaning of Article 47 paragraph 
(1) of this Act, an earlier European Union trademark 
will represent no impediment to register a national 
trademark, or to extend effect of an international 
trademark registration in the Republic of Croatia, if such 
earlier European Union trademark does not comply with 
the conditions of use provided for in Article 18 of the 
Regulation on the European Union Trademark.
(5) Within the meaning of Article 66 paragraph (1) 
of this Act, a national trademark, or an international 
trademark registration having effect in the Republic 
of Croatia may not be declared invalid for the reason 
of being in conflict with an earlier European Union 
trademark, if such earlier European Union trademark 
fails to fulfil the conditions of use provided for in Article 
18 of the Regulation on the European Union Trademark.
Conversion of a European Union trademark 
application and a European Union trademark into a 
national trademark application
Article 109
(1) Upon a request for conversion of a European 
Union trademark application, or a European Union 
trademark, respectively, into a national trademark 
application, filed pursuant to the provision of Article 139 
of the Regulation on the European Union Trademark 
and submitted to the Office by the European Union 
Intellectual Property Office pursuant to the provision of 
Article 140 of the Regulation on the European Union 
Trademark, the Office shall carry out the procedure for 
registration of a national trademark in accordance with 
the provisions of this Act.
(2) The Office shall notify the holder of the 
application or of the registered European Union 
trademark about the receipt of conversion request 
referred to in paragraph (1) of this Article and shall order 
him by a conclusion, where appropriate, to appoint a 
representative who shall submit a power of attorney 
to the Office and a translation of the European Union 
trademark application into Croatian, within a period of 
60 days upon receipt of the conclusion.
(3) If the holder of the application or of the registered 
European Union trademark fails to act by the conclusion 
referred to in paragraph (2) of this Article within a 
prescribed period, requested conversion shall be 
rejected by a decision.
(4) If the conditions referred to in paragraph (2) of 
this Article are fulfilled, and it was requested to convert 
a registered European Union trademark into a national 
trademark application, such trademark shall be entered 28in the Register kept by the Office, provided that the 
charges for trademark maintenance in the value during 
the first ten-year period and for publication of trademark 
information have been paid in accordance with the 
provisions of this Act and other regulations.
(5) If the conditions referred to in paragraph (2) of 
this Article are fulfilled, and it was requested to convert 
an application of the European Union trademark into 
a national trademark application, the Office shall carry 
out procedure for a national trademark registration, 
provided that administrative fees and charges have 
been paid in accordance with the provisions of this Act 
and other regulations.
(6) The date of filing, the date of priority and seniority 
shall be determined pursuant to the provision of Article 
139, paragraph (3) of the Regulation on the European 
Union Trademark.
Seniority
Article 110
(1) If seniority is claimed for a European Union 
trademark pursuant to Article 39 or, where appropriate, 
Article 40 of the Regulation on the European Union 
Trademark, in respect of a national trademark 
registration or an international trademark registration 
having effect in the Republic of Croatia, and which 
is waived or let expire by the holder, invalidity or 
revocation of the trademark that represents the basis 
of the seniority claim can be established subsequently 
in accordance with the provisions of this Act provided 
that invalidity or revocation could have been declared 
at the moment when the trademark was waived or let 
expire. In that case, seniority ceases to take its effects.
(2) An indication shall be entered in the Register that 
seniority is claimed for a European Union trademark in 
respect of a a trademark registered via national route, as 
well as an indication that seniority ceased to take effects.
Prohibition of use of a European Union trademark
Article 111 
The holder of a national trademark registration filed 
before 1 July 2013 or the holder of an international 
registration with a date of an international registration 
for the territory of the Republic of Croatia before 1 July 
2013 may institute a legal action, claiming prohibition 
of the use in the Republic of Croatia of the European 
Union trademark, the effect of which is, in accordance 
with Article 107 of this Act, extended to the territory of 
the Republic of Croatia. The plaintiff shall prove that the 
use of a European Union trademark conflicts with his 
trademark for one of the reasons provided for by Article 
11 paragraph (2) of this Act.
Protection of a European Union trademark against 
infringement
Article 112 
The Regulation on the European Union Trademark 
and accordingly the provisions of this Act governing protection of a national trademark in case of infringement 
shall apply to protection of a European Union trademark 
in the Republic of Croatia in case of infringement.
The court competent for a European Union  
trademark
Article 113
(1) In the Republic of Croatia, the Commercial Court 
in Zagreb shall be the European Union Trademark 
Court competent for first instance decisions, within 
the meaning of the Regulation on the European Union 
Trademark.
(2) In the Republic of Croatia, the High Commercial 
Court shall be the European Union Trademark Court 
competent for second instance decisions, within the 
meaning of the Regulation on the European Union 
Trademark.
PART TEN
COMMON PROVISIONS RELATING TO THE 
PROCEDURE BEFORE THE OFFICE
Competence of the Office
Article 114
(1) The Office shall carry out administrative 
procedures for trademark registration, for declaration 
of trademark invalidity, for trademark revocation; it shall 
perform other administrative and professional tasks in 
respect of trademark protection.
(2) The decisions passed by the Office cannot 
be appealed, but an administrative dispute may be 
instituted before the Administrative Court in Zagreb.
(3) The procedure referred to in paragraph (2) of 
this Article is urgent.
Initiation of a procedure
Article 115
The requests for initiation of administrative 
procedures under competence of the Office shall include 
information prescribed by the Regulations.
Continued processing
Article 116
(1) If the applicant for a trademark registration or 
the holder of a trademark has failed to comply with an 
act in a procedure before the Office within a time limit, 
and that failure has the direct consequence of causing 
the loss of rights conferred by the trademark application 
or a trademark, he may file a request for the continued 
processing with respect to the trademark application or 
a trademark. The Office shall authorise the continued 
processing provided that the applicant:
1. files a request for the continued processing and 
performs all the omitted acts within the prescribed time 
limit, referred to in paragraph (2) of this Article, and
2. pays the administrative fee and charges for filing 
a request for continued processing.29(2) A request for the continued processing may be 
filed within two months from the day on which he learned 
about the legal consequences referred to in paragraph 
(1) of this Article.
(3) If the omitted acts have not been performed 
within the time limit referred to in paragraph (2) of this 
Article, a request for the continued processing shall be 
rejected by a decision.
(4) A request for the continued processing shall not 
be filed, if failure to comply with concerns the time limit:
1. referred to in paragraph (2) of this Article,
2. referred to in Article 37 paragraph (1) of this Act 
and Article 38 paragraph (1) of this Act,
3. referred to in Article 40 paragraphs (1) and (4) 
of this Act,
4. referred to in Article 56 paragraph (3) of this Act,
5. for initiating an administrative dispute referred to 
in Article 114 paragraph (2) of this Act,
6. for filing a request for restitution in integrum 
pursuant to the provisions of the Act on General 
Administrative Proceedings,
7. for all the acts in the procedures before the Office 
involving several parties.
(5) If the Office complies with the requirement 
referred to in paragraph (1) of this Article, the 
consequences of having failed to comply with a time 
limit shall be deemed not to have occurred, and all the 
decisions issued by the Office concerning the failure 
shall be revoked.
Administrative fees and charges
Article 117
The procedures prescribed by this Act shall be 
subject to the payment of administrative fees and 
charges in compliance with the special provisions.
Certificate of priority right
Article 118
On request of the applicant for the registration of a 
trademark or the holder of a trademark, and after the 
prescribed administrative fee and charges have been 
paid, the Office shall issue a certificate of priority right.
Trademark register
Article 119
(1) The Office shall keep the trademark register, 
which contains the entries in relation to national 
trademark applications and registrations:
1. the date of filing the application;
2. the file number of the application;
3. the date of the publication of the application;
4. the name and address of the applicant;
5. the name and business address of the 
representative;
6. the representation of the trademark, with 
indications as to its nature; and, where applicable, a 
description of the trademark;
7. an indication of the goods and services by their names;
8. particulars of claims of priority pursuant to Article 
37 of this Act;
9. particulars of claims of exhibition priority pursuant 
to Article 38 of this Act;
10. particulars of claims of seniority of a registered 
national trademark as referred to in Article 110 
paragraph (2) of this Act;
11. a statement that the mark has become distinctive 
in consequence of the use which has been made of it 
pursuant to Article 9 paragraph (2) of this Act;
12. an indication that the trademark is a collective 
trademark;
13. an indication that the trademark is a guarantee 
trademark;
14. the date of registration of the trademark in the 
Register and the registration number;
15. particulars of an international trademark 
registration designating the Republic of Croatia that 
is transformed into a national application pursuant to 
Article 103 of this Act,
16. particulars of a European Union trademark 
application or registration that is transformed into a 
national application pursuant to Article 109 of this Act.
(2) The Register shall also contain the following 
entries, each accompanied by the date of recording of 
such entry:
1. changes in the name, address or nationality of 
the proprietor of a national trademark or a change in 
the State in which he is domiciled or has his seat or 
establishment;
2. changes in the name or business address of the 
representative;
3. where a new representative is appointed, the 
name and business address of that representative;
4. amendments and alterations of the trademark, 
pursuant to Articles 57 and 58 of this Act and corrections 
of errors,
5. notice of amendments to the regulations 
governing the use of the collective trademark, or the 
guarantee trademark pursuant to Article 76 of this Act, 
or Article 85 of this Act;
6. total or partial transfers pursuant to Article 22 of 
this Act;
7. creation or transfer of a right in rem pursuant to 
Article 25 of this Act;
8. levy of execution pursuant to Article 26 and 
insolvency or pre-insolvency proceedings pursuant to 
Article 27 of this Act;
9. the grant or transfer of a licence pursuant to 
Article 29 of this Act and, where applicable, the type 
of licence;
10. renewal of a registration pursuant to Article 56 
of this Act, the date from which it takes effect and any 
limitations pursuant to Article 56 paragraph (6) of this 
Act;
11. the expiry of a registration pursuant to Article 
56 of this Act;
12. declarations of withdrawal or surrender by the 
proprietor of the trademark pursuant to Articles 50 and 
60 of this Act respectively;3013. the date of submission and the particulars of 
an opposition pursuant to Article 45, of a request for 
revocation pursuant to Article 61 or a proposal for 
declaration of invalidity pursuant to Articles 64 and 65 
respectively or the date of submitting a claim pursuant 
to Article 114 paragraph (2) of this Act;
14. the date and content of a decision on an 
opposition pursuant to Article 50, on a request for 
revocation pursuant to Article 63 or a proposal for 
declaration of invalidity pursuant to Article 70 or 
a judgement on the claim pursuant to Article 114 
paragraph (2) of this Act;
15. the receipt of a request for conversion of a 
European Union trademark application or registration 
into a national trademark application pursuant to Article 
109 paragraph (1) of this Act;
16. the cancellation of the representative recorded 
pursuant to paragraph (1) point 5 of this Article;
17. the modification to or cancellation from the 
Register of the items referred to in points 7, 8 and 9 of 
this paragraph;
18. the replacement of a trademark registered via 
national route by an international registration pursuant 
to Article 106 of this Act;
19. the date and number of an international 
registration based on the national trademark application 
or registration pursuant to Article 93 of this Act;
20. the division of an application pursuant to Article 
52 and the division of a registration pursuant to Article 
59 of this Act, together with the items referred to in 
paragraph (2) of this Article in respect of the divisional 
registration, as well as the list of goods and services of 
the original registration as amended;
21. the cancellation of an entry in the Register or 
a publication of a trademark application or registration 
in order to eliminate errors and manifest oversights 
pursuant to Article 121 of this Act;
22. notice of amendments to the regulations 
governing the use of the collective trademark, or the 
guarantee trademark pursuant to Article 76 of this Act, 
or Article 85 of this Act.
(3) The proprietor of a national trademark shall be 
notified of any change in the Register.
(4) Any person shall be entitled to inspect the 
trademark register.
(5) On request of any interested person, and after 
the prescribed administrative fee and charges have 
been paid, the Office shall issue the extract and the 
printout from the trademark register.
(6) The processing of the data concerning the 
entries set out in paragraphs (1) and (2) of this Article, 
including any personal data, shall take place for the 
purposes of:
1. administering the applications and/or registrations 
as described in this Act and the Trademark Regulations;
2. maintaining a public register for inspection by, 
and the information of, public authorities and economic 
operators, in order to enable them to exercise the rights 
conferred on them by this Act and be informed about 
the existence of prior rights belonging to third parties;
3. producing reports and statistics enabling the Office to optimise its operations and improve the 
functioning of the system.
(7) All the data, including personal data, concerning 
the entries in paragraphs (1) and (2) of this Article 
shall be considered to be of public interest and may 
be accessed by any third party. For reasons of legal 
certainty, the entries in the Register shall be kept for 
an indefinite period of time.
Confidential information
Article 120
(1) Where in the proceedings before the Office the 
party provides evidence that contains trade secrets and 
confidential information and marks them so, the Office 
may take necessary measures upon request of the 
party in order to protect trade secrets and confidential 
information, among other things:
- determine that the documents containing this 
information cannot be copied but only inspected at the 
Office;
- withhold the documents containing this information 
from inspection, unless the inspection is justified by 
overriding, legitimate interests of the party seeking 
inspection;
- determine that the documents containing this 
information are closed in a separate envelope that may 
be opened only at the Office; in this case, they will be 
closed in a separate envelope again with an indication 
that the documents were inspected, when and by whom.
(2) Before making the documents containing trade 
secrets and confidential information available for 
inspection, the Office shall warn the persons entitled 
to inspect the file and the documents containing this 
information of confidentiality obligation. The persons 
who inspected the file shall sign a statement of being 
made acquainted with confidentiality obligation.
Correction of errors and manifest oversights
Article 121
(1) Where the entry in the register of a trademark 
or the publication of an application or a registration of a 
trademark or the Office’s decision contains a manifest 
error attributable to the Office, the Office shall correct 
the error ex officio or on request of the party. 
(2) The Office shall issue a decision on cancelling 
the previous entry in the Register or the previous 
publication, or on issuing a new decision to correct such 
error in the previous decision and it shall publish the 
correction of information wrongly published. 
(3) A request for the correction of errors referred to 
in paragraph (1) of this Article shall not be subject to 
payment of any administrative fee or charges.
Search
Article 122
On the request of any interested person, the Office 
shall carry out identity and similarity searches of applied 
for and registered trademarks having effect in the 31Republic of Croatia.
Representation before the Office
Article 123
(1) Natural or legal persons not having a domicile 
or a real and effective industrial or commercial principle 
place of business in the Republic of Croatia may exercise 
rights arising from this Act in the procedures before the 
Office only through authorised representatives.
(2) General principles of representation and 
special conditions under which the persons specified in 
paragraph (1) of this Article may exercise rights arising 
from this Act shall be regulated by special regulations.
Deciding on costs of the parties in proceedings with 
two or more parties
Article 124
(1) In the proceedings initiated before the Office 
with participation of two or more parties with conflicting 
interests, any party, if incurred the costs, shall bear his 
costs in case of completing the proceedings:
1. by rejecting the party’s request to initiate 
proceedings;
2. by suspending the proceedings due to the 
party’s withdrawing from the proceedings initiated or 
due to amicable settlement of a dispute between the 
parties or due to the fact that legal presumptions for 
the proceedings to be conducted have ceased to exist 
during the proceedings;
3. by partial adopting the party’s requests. 
(2) If two-party or multiparty proceedings referred 
to in paragraph (1) of this Article are completed by a 
decision on full adoption or a decision on full rejection 
of the party’s requests, the procedural costs shall be 
borne by the losing party.
(3) Procedural costs shall be decided upon by a 
decision on completing the proceedings.
PART ELEVEN
CIVIL PROTECTION
 
Persons entitled to claim the protection of rights
Article 125
(1) Apart from a trademark holder, the protection of 
the rights under this Act may be claimed by a holder of 
the license to the extent that he is authorised for that 
purpose on the basis of a legal transaction or law.
(2) Independent of the provisions under a licence 
agreement, the licensee may bring proceedings for 
trademark infringement only if its proprietor consents 
thereto. However, the holder of an exclusive licence 
may bring such proceedings if the proprietor of the 
trademark, after formal notice, does not himself bring 
infringement proceedings within an appropriate period.
(3) A licensee shall, for the purpose of obtaining 
compensation for damage suffered by him, be entitled 
to intervene in infringement proceedings brought by the 
proprietor of the trademark.Claims due to infringement
Article 126
(1) The holder of a trademark may institute a 
legal action against any person who has infringed a 
trademark by performing without authorisation any of 
the acts referred to in Article 11 of this Act, claiming 
establishment of the infringement, termination of the 
infringement, or prohibition of such and similar future 
infringements.
(2) The holder of a trademark may institute a legal 
action against any person who has by performing an act 
without authorisation caused a serious threat that his 
trademark might be infringed, claiming desistance from 
the act concerned and prohibition of the infringement 
of the trademark.
(3) The claims referred to in paragraphs (1) and 
(2) of this Article may also be made against a mediator 
who renders services used by a third party in the acts 
infringing a trademark or threatening to infringe it.
(4) If when importing the goods infringing a 
trademark the sender operates in trade, regardless if it 
is a matter of goods intended for commercial purposes 
or for personal use of a recipient, the proprietor of a 
trademark shall be entitled to bring action against the 
declarant and/or the recipient of the goods claiming 
establishment of trademark infringement, so that the 
goods may be destroyed under customs supervision in 
accordance with the regulations of the European Union 
on customs enforcement of intellectual property rights. 
The establishment of trademark infringement pursuant 
to this Article shall not affect liability of the declarant 
or the proprietor of goods for trademark infringement.
Claim for seizure and destruction of infringing goods
Article 127
(1) The holder of a trademark may institute a 
legal action against any person who has infringed a 
trademark by performing without authorisation any of 
the acts referred to in Article 11 of this Act, claiming that 
the court determines for the goods marked as infringing 
the trademark, or material and resources used to make 
and produce such goods, be withdrawn from the market, 
completely removed from the market or destroyed.
(2) The court shall order the measures referred 
to in paragraph (1) of this Article at the expense of 
the infringer, unless there are special reasons for not 
deciding so.
(3) Ordering the measures referred to in paragraph 
(2) of this Article shall not affect the right of the 
trademark holder to the damages incurred by trademark 
infringement.
(4) When ordering the measures referred to in 
paragraph (1) of this Article, the court shall take due 
care that they are proportionate to the nature and 
seriousness of the infringement.32Claim for damages, usual compensation and unfair 
profits
Article 128
(1) The holder of a trademark may take a legal 
action against any person who has caused him damage 
by performing without authorisation any of the acts 
referred to in Article 11 of this Act, claiming damages 
pursuant to the general rules and the rules pursuant 
to this Act.
(2) The holder of a trademark may take a legal action 
against any person who has infringed a trademark by 
performing without authorisation any of the acts referred 
to in Article 11 of this Act, without having basis for it in 
any legal transaction, court decision or the law, and has 
benefited from it, claiming the recovery or compensation 
of such benefits pursuant to the general rules on unjust 
enrichment.
(3) The claims referred to in paragraphs (1) and (2) 
of this Article shall not be mutually excluding.
(4) When determining the amount of compensation, 
the court shall consider all of the corresponding factors, 
such as negative economic consequences, including 
lost benefit, suffered by the injured person, any unfair 
profit gained by the infringer and, when deemed 
appropriate, elements that are not economic factors, 
such as non-material damage incurred to the trademark 
holder by performing an infringing action referred to in 
Article 11 of this Act.
(5) Instead of determining the amount of 
compensation referred to in paragraph (4) of this Article, 
the court may, when deemed appropriate, determine the 
amount of compensation against the infringer equal to 
the one that might be claimed if the infringer requested 
authorisation to use the trademark.
Claim for publication of the judgement
Article 129
(1) The holder of a trademark may claim that the 
final judgment even partially upholding the claim for 
protection of the trademark in the case of infringement 
is published in the means of public communication at 
the expense of the defendant.
(2) The court shall decide, within the limits of the 
claim, on the means of public communication in which 
the judgment shall be published, and whether it shall 
be published entirely or partially.
(3) If the court decides that only a part of the 
judgment shall be published, it shall order, within the 
limits of the claim, that the dispositive part of it and 
the part of the judgment specifying the infringement 
concerned and the person, having committed it, is 
published.
Claim for provision of information
Article 130
(1) The holder of a trademark who has instituted civil 
proceedings for the protection of the trademark against infringement may claim the provision of information 
on the origin and distribution channels of the goods or 
services infringing his trademark.
(2) The claim referred to in paragraph (1) of this 
Article may be made against a person who has been 
sued in the civil proceedings referred to in paragraph (1) 
of this Article as a separate claim or a manifest request 
emphasised in a gradual legal claim.
(3) The claim referred to in paragraph (1) of this 
Article may be also made against:
- a person who is within his economic activities 
in possession of the goods suspected of infringing a 
trademark;
- a person who  uses,  within his economic activities, 
services suspected of infringing a trademark;
- a person who provide, within their economic 
activities, services used in the activities suspected of 
infringing a trademark; or
- a person who is indicated by any of the persons 
referred to in paragraph (2) of this Article, or subpoints 
1 to 3 of this paragraph as being involved in the 
manufacture or distribution of the goods or the provision 
of the services suspected of infringing a trademark.
(4) The claim referred to in paragraph (1) of this 
Article made against any of the persons referred to in 
paragraph (2) of this Article shall be filed as a separate 
claim or a manifest request emphasised in a gradual 
legal action against mentioned persons as counter 
parties to the defendant in the civil proceedings referred 
to in paragraph (1) of this Article.
(5) The claim for information on the origin of the 
goods and distribution channels of the goods and 
services referred to in paragraph (1) of this Article may 
include among other things:
- information on the names and addresses of the 
producers, distributors, suppliers and other previous 
holders of the goods and providers of the services, 
respectively, as well as the intended wholesalers and 
retailers;
- information on the quantities produced, delivered, 
received or ordered, as well as the price obtained for 
the goods or services concerned.
(6) The person required to provide the information 
referred to in paragraphs (2) or (3) of this Article may 
refuse to provide such information on the same grounds 
as those allowing the refusal to present evidence as 
a witness pursuant to the provisions of the general 
regulations governing civil proceedings.
(7) If the person required to provide the information 
referred to in paragraphs (2) or (3) of this Article refuses 
to provide information without justified reasons, he shall 
be responsible for the damage incurred, pursuant to 
the provisions of the general regulations governing 
obligatory relations.
(8) The provisions of this Article shall be without 
prejudice to the provisions on the manner of use of 
confidential information in civil and criminal proceedings, 
the provisions regulating the responsibility for misuse 
of the right to acquire information, and the provisions 
regulating the processing and protection of personal 33data.
Taking of evidence in the course of the civil 
proceedings
Article 131 
(1) Where a party to the civil proceedings invokes 
documents or other evidence determined or determinable 
and claims that they lie with the opposing party or a third 
party, or are accessible to them, the court shall invite 
those parties to present such documents, or evidence 
within a specified time limit.
(2) In the proposal to furnish evidence, the party 
shall make it likely that this evidence lies with the 
opposing party or a third party, or that they have access 
to it, and if the proposal is filed by a plaintiff, he shall 
also make it likely that his claim exists.
(3) Where the holder of a trademark as a plaintiff 
in a legal action claims that the infringement of a 
trademark has been committed on a commercial scale 
for the purpose of acquiring commercial or economic 
benefit, and has make it likely during the proceedings, 
and where he invokes banking, financial or similar 
economic documents, papers or the like evidence in 
the proceedings, claiming that they lie with the opposing 
party or are accessible to him, the court shall invite 
the opposing party to present such evidence within a 
specified time limit.
(4) Before ordering the opposing party or a third 
party by a decision to present evidence, the court shall 
invite them to submit their observations thereon. 
(5) Where the party or a third party denies that the 
evidence lies with him or has access to it, the court may 
take evidence to establish such fact.
(6) The provisions of the general regulations 
governing civil proceedings relating to the right of refusal 
to present evidence as a witness shall apply mutatis 
mutandis to the right of the party to refuse to present 
evidence.
(7) When deciding on the proposal to give evidence, 
the court shall consider and assess interests of the party 
that requests taking of evidence in relation to interests 
of the opposing party and third parties requested to 
present evidence, taking into account, among other 
things, the interest of such parties:
1. not to disclose evidence if the related facts can 
be established also on the basis of other available 
evidence;
2. to determine evidence to the extent possible 
considering the circumstance of an individual  case and 
that it be important for the proceedings;
3. that the scope and the costs incurred by taking 
of evidence are not so large that they are in obvious 
disproportion to the importance of facts intended to be 
established; or
4. to protect trade secrets of their own or of others.
(8) The defendant’s interest to avoid the proceedings 
for damage or to prevent the plaintiff from winning the 
case shall not be a justified reason to deny furnishing 
of evidence to his detriment.
(9) Where taking of evidence referred to in paragraph (3) of this Article or presenting evidence pursuant to this 
Article is related with certain costs incurred to a third 
party, the court shall invite the complainant to lodge an 
advance for such expenses.
(10) If the party fails to act by the court’s decision 
ordering him to present evidence, the court shall, 
taking into consideration all the circumstances of the 
case, decide at its own discretion, on the importance 
of the fact that the party having the evidence refuses to 
comply with the court’s decision ordering him to present 
evidence, or denies, contrary to the court’s opinion, that 
the evidence lies with him.
(11) An appeal shall not be allowed against the 
decision of the court on the proposal to the parties in 
the proceedings to present evidence.
(12) Based on the decision ordering a third party 
to present evidence, the court shall, on the proposal, 
implement enforcement by the rules of the assurance 
process even before such decision becoming final.
(13) A third party shall be entitled to compensation 
of justified costs incurred to him related to the disclosure 
of evidence.
(14) A third party needs to claim the costs referred 
to in paragraph (13) of this Article within 15 days upon 
acting fully by the court’s decision.
Provisional measures due to infringement of a 
trademark
Article 132 
(1) Upon the request of the holder of a trademark 
who makes it likely that her/his trademark has been 
infringed or threatened to be infringed, the court 
may order any provisional measure comprising the 
termination or prevention of the infringement, among 
other things:
- order the opposing party to cease or desist from, 
the acts infringing a trademark; the court may also issue 
such order against a mediator whose services are being 
used by a third party to infringe a trademark;
- order the seizure or turn-over of the goods 
suspected to be unlawfully designated by a trademark 
for the purpose of preventing them from being placed 
or circulating on the market.
(2) Upon the request of the holder of a trademark 
who makes it likely that his trademark has been infringed 
on a commercial scale in order to acquire commercial 
or economic benefit, and that such infringement has 
threatened to cause him irreparable damage, the court 
may, in addition to the provisional measures referred to 
in paragraph (1) of this Article, order also the seizure of 
the movable and immovable property of the opposing 
party, not directly related to the infringement, including 
the blocking of his bank accounts and other assets.
(3) For the purpose of ordering and enforcing the 
provisional measure referred to in paragraph (2) of 
this Article, the court may require from the opposing 
party or other relevant persons disposing with it, the 
communication of the banking, financial and other 
economic information, or the access to other relevant 
information and documents. The court shall ensure the 34protection of confidentiality of such information, and 
prohibit any misuse thereof.
(4) The provisional measure referred to in paragraph 
(1) of this Article may be ordered without informing the 
opposing party thereof, if the applicant for measures 
makes it likely that otherwise the provisional  measure 
would not be effective, or that irreparable damage is 
threatened to occur.
(5) The provisional measure referred to in paragraph 
(2) of this Article may be ordered without informing the 
opposing party thereof, if the applicant for measures 
makes it likely that otherwise the provisional measure 
would not be effective, or that, taking into consideration 
a very serious circumstances of the infringement, this 
would be necessary.
(6) If a provisional measure is ordered without 
informing the opposing party thereof, the court shall 
communicate a decision on the provisional measure 
to the opposing party, promptly upon its enforcement.
(7) In the decision ordering a provisional measure, 
the court shall specify the duration of such measure, 
and, if the measure has been ordered before the 
institution of a legal action, the period, within which the 
applicant for measures shall institute a legal action to 
justify the measure.
(8) The court shall specify the period referred to in 
paragraph (7) of this Article of not more than 31 calendar 
days from the day of communication of the decision to 
the applicant for measures.
(9) The provisions of this Article shall be without 
prejudice to the possibility to order provisional 
measures pursuant to other provisions of this Act, and 
the provisions of general regulations governing the 
assurance process.
Provisional measures comprising the preservation of 
evidence
Article 133 
(1) Upon the request of the holder of a trademark 
who makes it likely that his trademark has been infringed 
or threatened to be infringed, the court may order a 
provisional measure comprising the preservation of 
evidence.
(2) By the provisional measure referred to in 
paragraph (1) of this Article, the court may order among 
other things:
- preparation of a detailed description of the goods 
infringing a trademark, with or without taking of samples;
- seizure of the goods made likely to infringe a 
trademark;
- seizure of the materials and implements used in 
the production and distribution of the  goods made likely 
to infringe a trademark and seizure of the documentation 
relating thereto.
(3) The provisional measure referred to in this Article 
may be ordered even without informing the opposing 
party thereof, if the applicant for measures makes it 
likely that there is a risk of evidence being destroyed 
or of incurring irreparable damage.
(4) If a provisional measure is ordered without informing the opposing party thereof, the court shall 
communicate a decision on the provisional measure 
to the opposing party, promptly upon its enforcement.
(5) In the decision ordering a provisional measure 
the court shall specify the duration of the measure, and, 
if the measure has been ordered before the institution 
of a legal action, the period, within which the applicant 
for measures shall institute a legal action to justify the 
measure.
(6) The court shall specify the period referred to in 
paragraph (5) of this Article of more than 31 calendar 
days from the day of communication of the decision to 
the applicant for measures.
(7) The provisions of this Article shall be without 
prejudice to the possibility of the court to order 
provisional measures comprising the preservation of 
evidence pursuant to the provisions of the general 
regulations governing the preservation process.
Financial penalty
Article 134
(1) The court may impose or pronounce a fine on 
a legal or a natural person who fails to observe any 
measure ordered pursuant to Articles 127, 132 and 
133 of this Act.
(2) Legal persons may be imposed or pronounced 
the fine referred to in paragraph (1) of this Article 
amounting from HRK 1,000.00 up to 30,000.00.
(3) Where a fine is imposed and pronounced on a 
legal person, the court shall impose and pronounce the 
fine referred to in paragraph (1) of this Article amounting 
from HRK 5,000.00 up to 30,000.00 also on responsible 
persons in the legal person if it is established that such 
persons caused an offence to the legal person by an 
act or omission.
(4) Natural persons may be imposed or pronounced 
the fine referred to in paragraph (1) of this Article 
amounting from HRK 1,000.00 up to 30,000.00.
(5) If the person who was imposed a fine by the 
court pursuant to this Act fails to act as ordered, the 
court shall pronounce this fine on him and, if necessary, 
impose new fines on him and continue to pronounce 
them all until such person acts as ordered.
(6) If the natural person who was imposed a fine 
does not pay such fine within the period specified by 
the court’s decision, such fine shall be substituted 
with imprisonment by the rules of the criminal law 
on substituting a fine with imprisonment. The sum 
of imprisonments substituting fines imposed on a 
person cannot exceed six months in total in the same 
proceeding.
(7) The imprisonment pronounced pursuant to the 
provisions of this Act shall be enforced in the manner 
as prescribed for the enforcement of imprisonment 
pronounced in criminal proceedings.
(8) The fine and the imprisonment pronounced shall 
be enforced by the court ex officio, and the enforcement 
costs shall be borne by the state budget.
(9) The fine within the meaning of the provisions 
referred to in this Article shall be without prejudice to 35criminal liability of persons who were imposed a fine 
in the proceedings pursuant to this Act; however, the 
fine imposed pursuant to the provisions of this Act 
shall be included in the penalty pronounced in criminal 
proceedings.
(10) The court shall issue a decision on imposing a 
fine. The decision on imposing a fine can be appealed 
within three days upon receipt of the decision. The 
appeal to the decision on imposing a fine shall be 
decided by a second-instance court within eight days 
upon receipt of the appeal.
(11) The enforcement of the decision shall be 
deferred by the appeal referred to in paragraph (10) 
of this Article.
Expeditious proceedings and application of the 
provisions of other acts
Article 135
(1) Proceedings concerning trademark infringement 
under this Act shall be expeditious.
(2) In the procedures concerning the infringement 
of a trademark, the time limit for a statement of defence 
is eight days upon delivery of the civil action to the 
defendant.
(3) In the procedures concerning the infringement 
of a trademark, the main hearing shall be held within 30 
days upon receipt of the statement of defence.
(4) The procedures concerning the infringement 
of a trademark before a first-instance court shall be 
completed within one year upon bringing a civil action.
(5) In the procedures concerning the infringement 
of a trademark, a second-instance court shall issue 
a decision on the appeal filed against a first-instance 
court’s decision within six months upon receipt of the 
appeal.
(6) The decision on a provisional measure shall be 
issued within 30 days upon submitting a proposal to 
determine a provisional measure.
(7) Upon the request of the court or any of the 
parties to the procedure concerning the infringement of 
a trademark, the Office shall promptly accept a proposal 
for the declaration of the decision on the registration of 
such trademark invalid, or the request for revocation of 
such trademark, filed before or during the civil action 
and shall subject it to the expeditious proceedings. 
The court shall order suspension of the procedure 
until the decision on the proposal for the declaration 
of the decision on the registration of such trademark 
invalid has become final. The court shall, taking into 
consideration the circumstances of the case, decide 
whether it shall order the suspension of proceedings up 
to the final decision on the revocation of a trademark 
or not. PART TWELVE
PROVISIONS CONCERNING CONTROL AND 
MISDEMEANOURS
Control of the enforcement of the Act
Article 136
Inspection control of the implementation of this Act 
shall be carried out by inspectors and other authorised 
civil servants pursuant to special regulations governing 
competence for inspection controls in the field of 
intellectual property rights.
Administrative control
Article 137
Administrative control of the enforcement of this Act 
and regulations laid down on the basis thereof shall be 
carried out by a ministry competent for the control of 
the Office’s operation.
Misdemeanour provisions
Article 138
(1) Any legal person shall be fined in the amount 
from HRK 20,000.00 up to 100,000.00 for the following 
acts without consent of the holder of a registered 
trademark:
1. if he infringes the right to a trademark in the way 
that he uses a sign in trade which is identical with the 
trademark in relation to goods and services which are 
identical with those for which the trademark is registered 
(Article 11 paragraph (2) point 1);
2. if he infringes the right to a trademark in the way 
that he uses a sign in trade which is identical with, or 
similar to, to the trademark in relation to goods and 
services which are identical with, or similar to, those 
for which the trademark is registered, if there exists a 
likelihood of confusion on the part of the public in the 
Republic of Croatia; the likelihood of confusion includes 
the likelihood of association between the sign and the 
trademark (Article 11 paragraph (2) point 2);
3. if he infringes the right to a trademark in the way 
that he uses a sign in trade which is identical with, 
or similar to, the trademark irrespective of whether it 
is used in relation to goods and services which are 
identical with, similar to or not similar to those for which 
the trademark is registered, where the trademark has a 
reputation in the Republic of Croatia and where use of 
that sign without due cause takes unfair advantage of, or 
is detrimental to, the distinctive character or the repute 
of such trademark (Article 11 paragraph (2) point 3);
4. if he affixes the sign infringing the right to a 
trademark to the goods or the packaging thereof 
(Article 11 paragraph (3) point 1 in relation to Article 11 
paragraph (2));
5. if he offers the goods designated by a sign 
infringing the right to a trademark, puts them on the 
market or stocks them for such purposes, or offers and 
provides services under such sign (Article 11 paragraph 
(3) point 2 in relation to Article 11 paragraph (2));366. if he imports or exports the goods designated 
by a sign infringing the right to a trademark (Article 11 
paragraph (3) point 3 in relation to Article 11 paragraph 
(2));
7. if he uses the sign infringing the right to a 
trademark as a trade or company name or part of a 
trade or company name (Article 11 paragraph (3) point 
4 in relation to Article 11 paragraph (2));
8. if he uses the sign on business papers and in 
advertising (Article 11 paragraph (3) point 5 in relation 
to Article 11 paragraph (2));
9. if he uses the sign infringing the right to a 
trademark in comparative advertising in a manner that 
is contrary to the regulations of the European Union or 
the regulations of the Republic of Croatia concerning 
misleading and comparative advertising (Article 11 
paragraph (2) point 6 in relation to Article 11 paragraph 
(2)).
(2) The responsible person in the legal person shall 
be fined for a misdemeanour referred to in paragraph 
(1) of this Article in the amount from HRK 5,000.00 up 
to 10,000.00.
(3) The natural person shall be fined for a 
misdemeanour referred to in paragraph (1) of this Article 
in the amount from HRK 2,000.00 up to 10,000.00.
(4) A natural person – a craftsman or other self-
employed person, respectively, shall be fined for the 
misdemeanour referred to in paragraph (1) of this 
Article in the amount from HRK 5,000.00 to 50,000.00, 
where the misdemeanour has been committed in the 
performance of his activities as a craftsman or other 
self-employed person, respectively.
PART THIRTEEN
TRANSITIONAL AND FINAL PROVISIONS
Article 139
(1) The procedures which are pending on the day 
of this Act coming into force shall be completed in 
compliance with the provisions of the Trademarks Act 
(Official Gazette No. 173/03, 54/05, 76/07, 30/09, 49/11 
and 46/18).
(2) The proposals for declaration of invalidity 
submitted after this Act coming into force for trademarks 
registered by the trademark regulations that were valid 
before its coming into force shall be decided upon 
in compliance with the provisions of the trademark 
regulations that were valid on the day of the trademark 
application.
Article 140
The Director General of the Office shall adopt the 
Trademark Regulations not later than within two months 
upon this Act coming into force.
Article 141
Until the Trademark Regulations referred to in Article 
140 of this Act coming into force, the provisions of the 
Trademark Regulations (Official Gazette No. 117/07, 
66/11, 125/13 and 43/17) shall apply.Article 142
On the day of this Act coming into force, the 
Trademarks Act (Official Gazette No. 173/03, 54/05, 
76/07, 30/09, 49/11 and 46/18) shall cease to be valid.
Article 143
This Act shall enter into force on the eighth day from 
the date of its publication in the Official Gazette.